Posted on 04/07/2010 10:21:12 PM PDT by 2ndDivisionVet
Five more U.S. states have now joined the attorneys general of a dozen other states in a lawsuit aimed at toppling the federal government’s new health care law.
The states assert that portions of the health care legislation signed into law by President Obama on March 23 amounts to constitutional overreach that infringes on the right of states and individuals to manage their own affairs.
"We welcome the partnership of Indiana, North Dakota, Mississippi, Nevada and Arizona as we continue fighting to protect the constitutional rights of American citizens and the sovereignty of our states," said Florida Attorney General Bill McCollum in a statement.
“On behalf of the residents in Florida and the states joining our efforts, we are committed to aggressively pursuing this lawsuit to the U.S. Supreme Court if necessary to prevent this unprecedented expansion of federal powers, impact upon state sovereignty, and encroachment on our freedom,” McCollum continued.
The attorneys general of Alabama, Colorado, Louisiana, Michigan, Pennsylvania, South Carolina, Nebraska, South Dakota, Texas, Utah and Washington had already banded together with Florida to file a lawsuit against the federal government with the US District Court for the Northern District of Florida.
The lawsuit contends that the Patient Protection and Affordable Care Act (PPACA) infringes upon the constitutional rights of the residents of states by forcing all citizens and legal residents to carry qualified health insurance or pay a financial penalty.
The states contend that the insurance mandate exceeds the limited scope of the powers granted to the federal government under Article I of the US Constitution. Furthermore, they assert that the tax penalty for not carrying insurance violates the prohibition against the direct taxation of individuals outlined in Article I, sections 2 and 9 of the Constitution.
The suit also contends that the PPACA infringes on the sovereignty of the states guaranteed under the Tenth Amendment to the Constitution by forcing the states to abide by new operating rules and mandating that they spend billions of dollars to support the new health care system, when they already face severe budget crises.
Virginia has also filed its own separate lawsuit against the federal government, reiterating many of the concerns of its fellow states. Virginia has already passed a state law that expressly forbids the government from mandating that citizens carry health insurance or pay a penalty.
The addition of the five new states brings the total number of states involved in the Florida-led lawsuit against the federal government over ObamaCare to nineteen, including Virginia.
A hearing for scheduling the Florida-led suit is set to take place April 14, 2010 at 9 a.m. central time at the Federal Courthouse in Pensacola, Florida.
No
Sad to say that Missouri is not yet on the list. Gov Nixon and rest of Dems in administration have refused to file. Lt. Gov Kinder(R) thinks we should fight, but has no authority to file.
It will be on the ballot in November, to let the people decide.
I like the I C E jacket/agent standing around idea. One could even have some coolers sitting around with ice in them, so that if anyone asked, you could sell them some ice if they want LOL =)
Not til it gets to 57.
You need to get this message to someone who can spread the word. It’s a really good idea.
>Not sure what you are getting at here, but these are mainly the actions of the AG of each state, not the legislatures.
I know; but once it gets to the 3/4 AGs against this, then we’ll probably see more action from the corresponding legislatures. (Much like the Firearm Freedom Act movement going on.)
“We need no new constitution; we need to use the one we have had for over two hundred years. It will serve us well.”
We just need to FOLLOW it - including the 10th amendment.
Dang, first I’ve heard about it Diana! I have to admit to not watching much TV, and not subscribing to our local paper though! Anywhere I can go to stay on top of things here in WI re: our AG’s plan?
JB is making the rounds:
http://www.foxnews.com/story/0,2933,590583,00.html
http://www.beloitdailynews.com/articles/2010/04/01/news/local_news/news040107.txt
Just google him; there seems to be at least ONE story about this each week. Yep. Only one a week, thanks to the LefTards that run the Wisconsin media. Grrrrrrrrr!
Sure wish my state, California, would sign on. Maybe when more states have joined...it’s Spring so hope must be sprung.
Cool, thanks Diana! Completely understand about the papers... That’s why I don’t bother with a subscription.
The D/R discriminator is, in a single word, useless.
Ignore it and vote for a Constitutionalist.
Turns out you're right, Missouri has not yet officially joined the existing suit or filed a separate one. I think I added MO to the list a while back because of Kinder's statements at the time he would be joining the suit filed in Florida. Hasn't happened yet. I'm sure he is encountering a good deal of resistance from the insufferable Dims in the State House and the AG. Near as I can recall, Jay Nixon was not as adamant in his opposition, but I may have read it wrong.
Lt. Gov Kinder(R) thinks we should fight, but has no authority to file.
Several other State officials are in similar positions but so far are damning the torpedoes. I pray Kinder is able to hang tough and pull it off for the people of Missouri, AND the country.
The ends justifies the means. I think Rush is right when he says the dems are going to ‘cram down’ as much crap as they can before Nov. Large numbers of Democrat seats will be sacrificed with the idea that their actions heretofore are irreversible. Whether they are or not remains to be seen!
Illinois ain’t.
The legislature is putting it on the ballot as a constitutional amendment in November. Kinder has indicated he will not file at this time.
If the measure passes, then Missouri will file. I think we passed a new state law that requires the AG to file suits going forward, when the Gov orders it, 2/3 of legislature request it, or voters pass it.
Hmmm, given the makeup of the Missouri legislature, is it likely to happen? AND is Kinder's, hence Missouri's participation in ANY lawsuit against Øbamacare dead for now?
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