Legal and Political Fights Loom for Democrats

[Chris]

The next chapter in the health care fight will play out not only in the midterm elections, but also in the courts. Attorneys general in three states — Virginia, Florida and South Carolina — have indicated they will file legal challenges to the measure, on the grounds that it violates the Constitution by requiring individuals to purchase insurance.

In an interview Sunday, the Virginia attorney general, Ken Cuccinelli, said he intended to base his challenge on two grounds: that the federal bill conflicts with a newly passed state law that says no Virginian may be compelled to buy insurance and that Congress does not have authority to impose the mandate under its powers to regulate interstate commerce, as Democrats contend.

A fresh multimillion-dollar wave of television and radio advertisements was to begin Tuesday morning, with groups on both sides of the contentious health care issue trying to influence the lasting impressions about the long legislative debate.

The president of the United States Chamber of Commerce, Thomas J. Donahue, pledged to keep opposing the health care measure “through all available avenues — regulatory, legislative, legal and political.” And organizations supporting the legislation, including AARP and labor unions, intend to defend the bill and run commercials to thank lawmakers for their votes and to extol what they see as benefits.

http://www.nytimes.com/2010/03/22/health/policy/22campaign.html?ref=instapundit

[Chris]

Idaho to Sue Feds Over Health Care Mandate

BOISE, Idaho -- Idaho took the lead in a growing, nationwide fight against health care overhaul Wednesday when its governor became the first to sign a measure requiring the state attorney general to sue the federal government if residents are forced to buy health insurance.

Similar legislation is pending in 37 other states.

Constitutional law experts say the movement is mostly symbolic because federal laws supersede those of the states.

But the state measures reflect a growing frustration with President Barack Obama's health care overhaul. The proposal would cover some 30 million uninsured people, end insurance practices such as denying coverage to those with pre-existing conditions, require almost all Americans to get coverage by law, and try to slow the cost of medical care nationwide.

http://www.foxnews.com/politics/2010/03/17/idaho-state-sign-law-health-care-reform/

[Chris]

More backlash, this time from Florida...

“The health care reform legislation passed by the U.S. House of Representatives last night clearly violates the U.S. Constitution and infringes on each state’s sovereignty,” Florida Attorney General Bill McCollum, a Republican, said in a prepared statement announcing a news conference.

“On behalf of the State of Florida and of the Attorneys General from South Carolina, Nebraska, Texas, Utah, Pennsylvania, Washington, North Dakota, South Dakota and Alabama if the President signs this bill into law, we will file a lawsuit to protect the rights and the interests of American citizens.”

http://www.reuters.com/article/idUSN2215987420100322

[Doc]

From Missouri.......

Joint resolutions, would propose a constitutional amendment which would prohibit compelling a person to participate in any health care system. "Upon voter approval, this proposed constitutional amendment prohibits any person, employer, or health care provider from being compelled to participate in any health care system. Individuals and employers may pay directly for lawful health care services, and health care providers can accept payment for health care services from individuals or employers without being subject to fines or penalties. The purchase or sale of health insurance in private health care systems cannot be prohibited by law or rule.
(Prefiled 1/6/10 for 2010 session; HJR 48 House resolutions passed House 109y-46n, 3/16/10)  4, 10

Passed by a "veto-proof" majority, same is expected in the senate vote schedulled for next week......declared senators show even larger percentage of  "yea" votes......Missouri has a Democrat Governor.

doc

[JohnnyReb]

I was just listening to SC AG McMasters on the radio. He and several other AG's had a conference call last night about this and he swears their going to contest it to the limit.