Author Topic: McMaster, 7 others to probe health care bill  (Read 862 times)

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Offline thundley4

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McMaster, 7 others to probe health care bill
« on: December 23, 2009, 11:30:07 AM »
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South Carolina Attorney General Henry McMaster and top lawyers from seven other states said Tuesday they are looking into whether the federal health care reform bill is unconstitutional.
The move comes a day after U.S. Sens. Lindsey Graham and Jim DeMint, both South Carolina Republicans, asked McMaster, who is seeking the GOP nomination for governor, to look into whether a no-cost Medicaid deal given to Nebraska is legal.
U.S. Sen. Ben Nelson, a Nebraska Democrat, got a concession that will give his state a 100 percent federal reimbursement for Nebraska's Medicaid spending. The federal government will reimburse other states at 91 percent under the proposed bill.
 
S.C. Attorney General Henry McMaster
- File photograph/Jeff Blake   /The State
Graham, DeMint and other Republicans argue South Carolina and other states should not be on the hook to pay for Nebraska's Medicaid patients.
The state's top Democrat, U.S. House Majority Whip James Clyburn, said he thinks the complaints are politically motivated.
McMaster and Washington State Attorney General Mark McKenna, also a Republican, said they are investigating whether this deal sets a new legal precedent, one they can challenge and overturn. McMaster held a conference call with attorneys general from Texas, Alabama, North Dakota, Colorado and Michigan - all Republicans - to discuss collective legal action.
"States generally are treated in a similar manner," McMaster wrote. "In this case, Nebraska will be treated in a widely divergent manner than any other state."
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It seems that some people think the equal protection clause of the Constitution may come into play.

Offline DefiantSix

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Re: McMaster, 7 others to probe health care bill
« Reply #1 on: December 23, 2009, 11:37:32 AM »
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It seems that some people think the equal protection clause of the Constitution may come into play.

One wonders which has ascendency: the "equal protection" clause, or DiFi's tortured reading of the Commerce clause - and about a hundred thousand ACORN/SEIU thugs standing ready to break legs and cause hate and discontent at the word of the Øbamessiah?
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Offline thundley4

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Re: McMaster, 7 others to probe health care bill
« Reply #2 on: December 23, 2009, 11:53:55 AM »
One wonders which has ascendency: the "equal protection" clause, or DiFi's tortured reading of the Commerce clause - and about a hundred thousand ACORN/SEIU thugs standing ready to break legs and cause hate and discontent at the word of the Øbamessiah?

My own view would be that equal protection has a higher precedent simply because it involves personal rights versus corporate/government rights. But that's just me.