Posted on 01/19/2011 10:32:36 AM PST by jazusamo
(CNSNews.com) - More than half of the states—27 out of 50—are now challenging the constitutionality of Obamacare in federal court.
Six additional states--Iowa, Kansas, Maine, Ohio, Wisconsin and Wyoming--petitioned in federal court on Tuesday to join Florida’s law suit challenging the constitutionality of the health care law President Barack Obama signed last March. Nineteen states had previously joined with Florida in this suit, making the total number of states that are now a party to the suit 26.
Virginia, which has filed its own lawsuit against Obamacare, is the 27th state challenging the constitutionality of the health-care law in federal court. (A complete list of all 27 states appears at the bottom of this story.)
Florida’s suit challenges the constitutionality of Obamacare on two grounds, arguing that the law’s mandate that individuals must buy health insurance exceeds the legitimate power granted to the federal government to regulate interstate commerce under the Commerce Clause of the Constitution and also that the mandates the law imposes on state governments to expand their Medicaid programs violates the 10th Amendment, which limits the federal government to the powers delegated to it by the Constitution.
Virginia's lawsuit challenges the constitutionality of the individual mandate.
In December, Judge Henry Hudson of the U.S. District Court in Richmond, Va., sided with Virginia in that case, ruling that the Constitution does not give the federal government the power to force individuals to buy health insurance.
The Florida-led case is currently before U.S. District Judge Roger Vinson in Pensacola, Fla. Oral arguments were held on Dec. 16. Judge Vinson has not issued a ruling yet.
Ultimately, the cases will be decided by the U.S. Supreme Court.
“This lawsuit is about standing up for the rule of law and protecting the liberties guaranteed by our Constitution,” Kansas Atty. Gen. Derek Schmidt said in a statement. “Our federal government is designed to be a government of limited, enumerated powers, and we do not believe it has the power to order citizens into commerce so it can then regulate their conduct under authority of the Commerce Clause. Whatever the merits or demerits of health care reform, the ends cannot justify the unconstitutional means.”
Maine Atty. Gen. William Schneider said in statement, “The federal health care reform law mandates that all citizens to purchase health insurance or pay a costly penalty. This would be an unprecedented expansion of federal power, violating the 10th Amendment and the Commerce Clause of the United States Constitution.”
“The federal government simply does not have the right to force someone to buy a product--be it health insurance or any other type of goods or services that an individual may or may not want – or face a penalty,” Ohio Attorney General Mike DeWine said in a statement.
Wisconsin Attorney General J.B. Van Hollen said the “Constitution places limits on the power of the federal government, and these limits must be defended or they will disappear.
“Never before has the federal government required an individual to either buy government-approved insurance or pay a penalty,” Van Hollen continued. “And nowhere does the Constitution authorize Congress to regulate in this manner.”
The National Federation of Independent Businesses (NFIB), which advocates for small businesses, has also joined Florida’s suit against Obamacare.
“Having more than half of the nation’s states involved in this case along with NFIB, who represents more than 350,000 small businesses nationwide, sends a strong message to the courts that this law is detrimental to the entire nation and must be overturned,” said Karen Harned, executive director, NFIB Small Business Legal Center.
These are the 27 states now challenging Obamacare in federal: Florida, South Carolina, Nebraska, Texas, Utah, Louisiana, Alabama, Colorado, Michigan, Pennsylvania, Washington, Idaho, South Dakota, Indiana, North Dakota, Mississippi, Nevada, Arizona, Georgia, Alaska, Ohio, Wisconsin, Maine, Iowa, Wyoming, Kansas and Virginia.
Time to start a Constitutional Amendment.
Or as Obama would say, 27 of the 57 states.
So, we not only have an administration that is, for the first time, bringing suit against one of our states (AZ), we have 27 of our states bringing suit against the administration. How can anyone not see that something is wrong here!?
According to the Florida AG last night, more states are talking to FL and will be joining soon.
27 out of 50. That’s 54% of the States.
And yet, according to the Obamanauts, ‘most people’ support it.
It must some variation on ‘new math’ that’s keeping me from making sense of this.
;-)
How many of the other states have waivers, like VT?
Would love to see all “57” states bring suit
Excellent point. There’s a lot of ticked off people in our country and Obama and thugs better realize it.
Thanks, that’s very good news.
My, my, what a surprise. < /sarc>
“Ultimately, the cases will be decided by the U.S. Supreme Court.”
I wonder what the chances are the Supremes will do the right thing. Mark Levin would probably have a good handle on that.
An island of sanity on the left coast.
My bad.
Are all of the states putting their eggs in one basket? What if the courts throw them all out in one big lump decision? What if Justice Kennedy just happens to be constipated that day and votes against the states?
Majority Rules
My state of Washington is. Though unbelievable to most it’s our Republican SoS and Ms. (Guv) Gregoire is beside herself. :-)
A civil war might be the only thing that’ll save this country.
Good Lord where is Missouri?! THAT would be slap right on McCaskill’s face. Which would give me great pleasure.
It's been a loooong day. ;-)
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.