Posted on 03/22/2010 11:37:15 PM PDT by WKB
Haley Barbour issued a press release today as he requested Attorney General Jim Hood to review the recently passed healthcare legislation and bring suit on behalf of the state challenging the constitutionality of various portions of the new law.
In December, Hood essentially said he wanted no part in a lawsuit being proposed by various AGs across the country. There is no good reason to believe Hood’s position has changed. Therefore, Barbour said he will file a lawsuit if Hood declines.
Barbour’s press release, and letter to Hood is below:
Governor Haley Barbour today requested Attorney General Jim Hood challenge the constitutionality of the healthcare reform legislation approved by the U.S. Congress.
The bill has serious constitutional problems, Governor Barbour said, starting with the fact that it forces individuals to purchase health insurance.
(Excerpt) Read more at majorityinms.com ...
Pelosi and Reid are toast (if you believe polls), and the Dems truly have a tiger by the tail. WE THE PEOPLE are that tiger, heh heh. The Dems have bought themselves some 'interesting times.'
yes it is...i am very happy...good people out here
The day America flushes the Kenyan turd down the toilet will be one of the happiest days of my life.
i think failing to support the appropriations will be the key unless the courts help out
if we win in November
repealing it totally is a tall order but can be done...but not till 2013
Good question. Bredesen has said the state can't afford it. But I heard he was quoted in the Tennesean saying he would work with Obama on Obamacare.
I’m not to far away. I butt up to corps land on the Stones river. It’s quiet and peaceful.
Yeah, Haley Barbour gave that slug Hood until HIGH NOON on Thursday, March 25, to reply to him as to whether he would file the lawsuit.
Otherwise Haley will do it.
I hope Hood, the democrat, doesn’t file.
Much prefer Governor Barbour handle it properly.
Well that would be because he already told gordon the state cannot afford it. Now he must figure out how to proceed. He needs to join the battle and provide our legal resources to attack this unconstitutional bullshit. JMHO
I agree.
Medicaid/MediCal is a federal program. It is not one authorized by a specific enumerated federal power in the US Constitution. Under what is termed the federal "spending power" to "lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States...," Congress has the ability to "fix the terms on which it shall disburse federal money to the States..."
In New York v. United States 505 US 144 (1992), the Court declared: "...'Congress may attach conditions on the receipt of federal funds.' South Dakota v. Dole, 483 U. S., at 206. Such conditions must (among other requirements) bear some relationship to the purpose of the federal spending, id., at 207-208, and n. 3; otherwise, of course, the spending power could render academic the Constitution's other grants and limits of federal authority. Where the recipient of federal funds is a State, as is not unusual today, the conditions attached to the funds by Congress may influence a State's legislative choices. See Kaden, Politics, Money, and State Sovereignty: The Judicial Role, 79 Colum. L. Rev. 847, 874-881 (1979). Dole was one such case: The Court found no constitutional flaw in a federal statute directing the Secretary of Transportation to withhold federal highway funds from States failing to adopt Congress' choice of a minimum drinking age. Similar examples abound. See, e. g., Fullilove v. Klutznick, 448 U.S. 448, 478-480 (1980); Massachusetts v. United States, 435 U.S. 444, 461-462 (1978); Lau v. Nichols, 414 U.S. 563, 568-569 (1974); Oklahoma v. Civil Service Comm'n, 330 U.S. 127, 142-144 (1947)." and .."if a State's citizens view federal policy as sufficiently contrary to local interests, they may elect to decline a federal grant..."
Under "cooperative federalism," the states may craft their own program as long as it meets minimum federal standards. As Governor Schwarzenegger recently discovered in court when he tried to cut back on the federal IHSS (In Home Support Services) program, he cannot cut the program beyond the minimum standards set by the feds, but he can eliminate it all together.
The question is, whether the states have the courage to let go of the banana by declining to participate in the federal Medicaid program.
Nothing will change. It’s just getting to the point where other issues will be ignored.
When they are still yelling about HCR while passing amnesty and card check, watch their other hands.
Well, if the right punch doesn’t knock it out, there’s still the left punch! I’d prefer to keep it clean, but there are no rules in politics about hitting below the belt, heh. Mass civil disobedience, fillibusters, and stuff we can take out of the Saul Alinsky books... O=[:^)
We contend that for a nation to tax itself into prosperity is like a man standing in a bucket and trying to lift himself up by the handle. — Winston Churchill
Overwhelme the system.
I plan to go to the local federal courthouse on wednesday to ask to file a lawsuit against obama and congress for the obvious violation of the constitution. If they tell me I need a lawyer then I will ask for them to appoint me one for free. Freedom from a violation of my civil rights is more of a right than free health care.
And they will say no.
Try committing a crime first; that is, if you want a free lawyer; and remember, you get what you pay for.
Bredesen is not going to make a fuss. He's on his way out the door.....
Go Diego Go ,,,,,,,,,,,,,, uh I mean Haley!!!!!!!!!!!!!!!!!
I read the letter online yesterday, and immediately looked Jim Hood up. What is this corrupt rat doing as out attorney general?
For one thing he convicted Edgar Ray Killen for the 1964
civil rights murders and the Repubs could not have run
a weaker candidate. Plus he looks like Conway Twitty. What else could a man ask for.
“Pelosi and Reid are toast (if you believe polls), “
I believe Reid is toast but I doubt Pelosi is. Her district is very liberal.
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