Attorneys general launch lawsuit backlash against Demcare

By Michelle Malkin  •  March 22, 2010 01:11 AM

In January, I blogged about the first line of defense against Demcare by the states: Opt-out initiatives.

The backlash continued over the last several weeks with state attorneys general signaling plans to sue the feds. Idaho’s governor signed an order last week.

Tomorrow, several AGs will unveil their official efforts:

VIRGINIA:

Virginia will file suit against the federal government charging that the health-care reform legislation is unconstitutional, Virginia Attorney General Ken Cuccinelli’s office confirmed last night.

Cuccinelli is expected to argue that the bill, with its mandate that requires nearly every American to be insured by 2014, violates the commerce clause of the U.S. Constitution. The attorney general’s office will file suit once President Barack Obama signs the bill into law, which could occur early this week.

SOUTH CAROLINA:

After the U.S. House’s historic vote Sunday night passing the health care reform bill, South Carolina Attorney General Henry McMaster issued the following statement:

“The health care legislation Congress passed tonight is an assault against the Constitution of the United States. It contains various provisions and federal mandates that are clearly unconstitutional and must not be allowed to stand.

A legal challenge by the States appears to be the only hope of protecting the American people from this unprecedented attack on our system of government.

FLORIDA:

Moments after Congress voted to approve President Obama’s health care legislation, Florida’s Attorney General announced he will file a lawsuit to declare the bill unconstitutional.

…”The health care reform legislation passed by the U. S. House of Representatives this evening clearly violates the U.S. Constitution and infringes on each state’s sovereignty,” Bill McCollum said in a statement distributed late Sunday night.

Texas, Nebraska, Utah, North Dakota, South Dakota, Washington, Pennsylvania, Oklahoma and Alabama are expected to join the campaign.

Posted in: Health care

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Comments


  1. #101
    On March 22nd, 2010 at 3:44 pm, Ed Mahmoud abu al-Kahoul said:

    Lets really teach the GOP a lesson and keep the Dems in power in Congress and the White House by voting third party and splitting the vote.

    That’ll teach those RINOs like Pence, Ryan, Kevin Brady, Texas AG Greg Abbott, Dr. Coburn and Senator DeMint a lesson.

    Eight years of Obama, entrenched Marxism, and the end of free elections, that’ll teach those RINOs a lesson, by golly.

  2. #102
    On March 22nd, 2010 at 3:44 pm, emjem24 said:

    jamesgreenidge said:
    To really make this work nationally, we need some kind of umbrella personal opt-out initiatives/exemptions for folks who live in deep blue states like New York/New York City who won’t go this path. Opt-out promoters please consider this!

    James Greenidge
    Queens New York

    James,

    This is a good idea. However, we must go deeper to see this thing defeated. This country has no business equalizing the healthcare playing field for people with pre-existing conditions who are not of the same risk pool as those who don’t have pre-existing conditions. I think that is patently unfair. This is why eventually the private healthcare industry will just eventually disappear because we want to be “fair” to everybody at the expense of the country’s financial health.

    We also must defeat the politicians in NYS. We must also target the state legislators and local movers and shakers. As a former upstater and someone who absentee votes in the NY 17th district, we must focus on kicking out these politicians. New York is a cess pool swimming in corruption and nearing bankruptcy so it’s time to shine a light on who votes for these people, why, and how these “representatives” get to office and how they “represent.”

  3. #103
    On March 22nd, 2010 at 3:45 pm, nail49 said:

    This government spending program will last until DC is bankrupt literally.

    TA: What, are they now only bankrupt figuratively?

    the federal government having told the mis-guided states that they can either shut up, or have all federal funding cut off.

    Sloop JonB: Then it will be time for the states to tell the feds to ‘kiss off’ collecting taxes in their respective states. If it comes to a shooting war, D.C. doesn’t stand a chance!

    6 separate amendments

    martin.musculus I would add one more — a bill can be about only one item (e.g., no more rolling student loans in with healthcare). This would also eliminate pork — if a CongressCritter can’t/won’t stand up and justify my tax dollars going to his district in a bill before the House, then it dies right there!

  4. #104
    On March 22nd, 2010 at 3:50 pm, jrgdds said:

    On March 22nd, 2010 at 3:44 pm, Ed Mahmoud abu al-Kahoul said:

    Lets really teach the GOP a lesson and keep the Dems in power in Congress and the White House by voting third party and splitting the vote.

    That’ll teach those RINOs like Pence, Ryan, Kevin Brady, Texas AG Greg Abbott, Dr. Coburn and Senator DeMint a lesson.

    Eight years of Obama, entrenched Marxism, and the end of free elections, that’ll teach those RINOs a lesson, by golly.

    … or we can thin the RINO herd in the primary elections…

  5. #105
    On March 22nd, 2010 at 3:54 pm, Ed Mahmoud abu al-Kahoul said:

    Thinning the herd. Send money to JD and Rubio, for starters…

  6. #106
    On March 22nd, 2010 at 3:58 pm, Ed Mahmoud abu al-Kahoul said:

    Speaking of RINOs, John “Juan Amnestia” McCain complained that Congressional Dems have killed bipartisanship this year.

    And Harry Reid takes a slap at one of the best friends in the GOP the Dems have ever had…

    For someone who campaigned on ‘Country First’ and claims to take great pride in bipartisanship, it’s absolutely bizarre for Senator McCain to tell the American people he is going to take his ball and go home until the next election. He must be living in some parallel universe because the fact is, with very few exceptions, we’ve gotten very little cooperation from Senate Republicans in recent years.

    At a time when our economy is suffering and we’re fighting two wars, the American people need Senator McCain and his fellow Republicans to start working with us to confront the challenges facing our country—not reiterating their constant opposition to helping working families when they need it most.

  7. #107
    On March 22nd, 2010 at 3:58 pm, jrgdds said:

    I’ve already gave to JD. I also gave at Fire Nancy Pelosi.com

  8. #108
    On March 22nd, 2010 at 3:59 pm, Flyoverman said:

    the federal government having told the mis-guided states that they can either shut up, or have all federal funding cut off.

    Funding is a two way street. ;)

  9. #109
    On March 22nd, 2010 at 4:01 pm, dadinseattle said:

    It should be clear that yesterdays vote was a near fatal stake in the heart of capitalism, the final stake will be “cap and tax” in case there is any signs of life, or that free enterprise will survive. The pundits will all claim in no way is it that serious, yes it is.
    All the industries and corporations that have been lining up nonstop cutting their secret deals for favoritism at the White House sold out any long term future viability to retain autonomy. Each of them have weakened capitalism.
    This is why the smile and gloating where so huge on the Democrats faces.
    Millions of new dependents that will vote to keep what they are handed.
    Making tens of millions more dependent on government is not enough, one must kill a competing system that threatens to reverse this,which is capitalism or free enterprise.
    Since managed or engineered economies always fail, and people rebel against the problems they cause eventually, only force can keep them in place. That force gets uglier and more brutal as time passes. People live in misery and die a lot faster.
    That is the history, and the future under the socialists.
    We can hope that these AG’s are successful, but our own resolve and love of liberty and the wish to pass this legacy onto our children is what will determine who ultimately wins.
    Freedom is not free, it must be defended always.

  10. #112
    On March 22nd, 2010 at 4:09 pm, wren said:

    On March 22nd, 2010 at 10:24 am, Pat said:
    Has Ahnold or our AG woken up yet in their gilded cages?

    To Pat:

    Since California’s Attorney General is Democrat Jerry Brown who is currently running for Governor in the 2010 election, it is highly unlikely that he will be challenging the health care bill on behalf of California.

    Besides, California is gloating today that California stands to gain the most money from the health bill.
    http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/03/22/MN0L1CIJ56.DTL&tsp=1
    So taxpayers in the other 49 states now know where their tax dollars will be spent.

    Fortunately, John C. Eastman is running to replace Jerry Brown as California’s Attorney General in 2010.

    Here is the link to John Eastman’s campaign web site:
    http://www.eastmanforag.com/

    Here is a link to a column by John Eastman that describes his position on the constitutional issues related to the health bill.

    “Slaughtering” the Constitution by John C. Eastman
    http://www.flashreport.org/featured-columns-library0b.php?faID=2010032210512404

    This is a wake up call that it is crucial to pay close attention to the races for Attorney General in 2010.

    Please let us all know who is running for Attorney General and Governor in your states!

    The health reform bill needs to be a huge issue in all of our State races in the Primary and General elections in 2010!

  11. #113
    On March 22nd, 2010 at 4:12 pm, WarEagle82 said:

    I don’t know what “parallel universe” Harry Reid is living in but Americans are fighting three wars: One in Afghanistan, one in Iraq and One in DC against the Marxists led by Harry Reid. He should have known that after 40,000 of us gathered on his front step on Saturday…

  12. #114
    On March 22nd, 2010 at 4:25 pm, John Deaux said:

    We’re razing the shining city on a hill to make way for a level playing field.

  13. #115
    On March 22nd, 2010 at 4:26 pm, jrgdds said:

    Link fixed: Fire Nancy Pelosi.com

  14. #117
    On March 22nd, 2010 at 5:11 pm, NJ-Aviator said:

    For someone who campaigned on ‘Country First’ and claims to take great pride in bipartisanship, it’s absolutely bizarre for Senator McCain to tell the American people he is going to take his ball and go home until the next election. He must be living in some parallel universe because the fact is, with very few exceptions, we’ve gotten very little cooperation from Senate Republicans in recent years.

    And people who don’t look at this statement and say…

    “Well dip sh*&^. Your bills poison America. What patriotic American would knowingly take part in such a heinous act as those you are commiting.”

    …must be living in an alternate reality.

  15. #118
    On March 22nd, 2010 at 5:16 pm, SirKnob said:

    #115
    I can go for that ‘fire Nanny Pelosi’ thing, as long as it is out of a cannon, preferably aimed at the middle of the Pacific. I would say the Taliban, but even I wouldn’t wish her on them. After all, one has to have compassion :-)

  16. #119
    On March 22nd, 2010 at 5:23 pm, granite said:

    On March 22nd, 2010 at 4:01 pm, dadinseattle said:

    Agreed.

  17. #123
    On March 22nd, 2010 at 8:10 pm, T-Bone said:

    But the Dems couldn’t figure that one out?

  18. #126
    On March 22nd, 2010 at 10:00 pm, T-Bone said:

    On March 22nd, 2010 at 4:12 pm, WarEagle82 said:
    I don’t know what “parallel universe” Harry Reid is living in but Americans are fighting three wars: One in Afghanistan, one in Iraq and One in DC against the Marxists led by Harry Reid. He should have known that after 40,000 of us gathered on his front step on Saturday…

    But Harry Reid has determined that is 40,000 misguided miscreants that have watched Fox News lies and MM blog untruths and believed them. They just need to be reeducated.

  19. #127
    On March 22nd, 2010 at 10:41 pm, WarEagle82 said:

    Glad to see Washington State’s Rob McKenna is joining the growing list of attorneys general who are filing suit against Obamacare. We need to get this mess tied up in the courts as soon as possible. This needs to get to SCOTUS as soon as possible.

    I still think we need to encourage our state legislatures to call a ConstCon. If nothing else that would shake things up and make other over-reaching actions on the part of Barry, Harry and Nan a little more difficult! The states have the power to shape the agenda here.

    Thank goodness for Ken Cuccinelli and Rob McKenna (for starters)!

  20. #128
    On March 22nd, 2010 at 10:50 pm, Tuesday said:

    I’ll be glad when the primaries are over in Nevada. THEN we can back a common candidate and kick Harry Reid off his buzzardturkey perch in the senate!

    Fire Reid. Fire Reid. Fire Reid!

  21. #129
    On March 22nd, 2010 at 11:19 pm, tbear44 said:

    I love it. Crissy G. governor of Washington throwing a hissy fit over AG joining in lawsuit. As an extra bonus a scary picture of her highness on the front page of http://www.seattletimes.com

  22. #130
    On March 22nd, 2010 at 11:25 pm, CrazyFool said:

    On March 22nd, 2010 at 3:36 pm, emjem24 said:

    I want the Republicans to finally INVESTIGATE the sham that is the Dem party. The bribes. The deal making. The pork. I want it now. Not when it’s convenient.

    The damn Republicans are almost as bad with the corruption and bribes and all that ‘Big Tent’ RINO bullsh*t. They won’t investigate anything until the Republican party itself is reformed.

  23. #133
    On March 23rd, 2010 at 12:11 am, AlohaGuy said:

    I love it. Crissy G. governor of Washington throwing a hissy fit over AG joining in lawsuit. As an extra bonus a scary picture of her highness

    Haha, that’s a scary picture for sure. Looks like the picture of Dorian Gregoire…every fraudulent ballot puts a line on her face.

  24. #134
    On March 23rd, 2010 at 12:25 am, CJ said:

    Okay, here’s the q for the legal types. This “law” is supposed to create all kinds of new bureaucracies to oversee the fixing dismanteling of our current health care situation.

    But what happens if the Republicans gain control of Congress — and thereby the purse strings — in November? The country is beyond broke. Could they just refuse to fund the creation of all these new agencies? What if there isn’t money in the budget to hire a zillion more IRS guys to enforce the individual mandates?

  25. #135
    On March 23rd, 2010 at 12:36 am, happy2behere said:

    The lawsuits are interesting, but will they work?

  26. #136
    On March 23rd, 2010 at 4:14 am, AlohaGuy said:

    happy2behere said:
    The lawsuits are interesting, but will they work?

    Check this out.

  27. #137
    On March 23rd, 2010 at 8:51 am, b-cat said:

    Has anyone heard from MM since yesterday? There was an interupted article posted with comments closed, then nothing. Has she been seen on TV or anywhere?

  28. #138
    On March 23rd, 2010 at 9:16 am, Ty85719 said:

    As far as I am concerned, the lawsuits do not take this far enough – there should have been police officers waiting at the doors of Congress; upon approving the bill, they should have marched inside and arrested every last one of the people who voted for it for violating the Constitution of the United States

  29. #139
    On March 23rd, 2010 at 11:17 am, Teddy Kennedy said:

    Errah, not holding my breath waiting for our AG, Doug Gansler in the Peoples Republic of Maryland to throw his hat in with the other AGs/states. He’s to busy figuring out how to give a ba$tardized interpretation of MD’s Marriage Law to include LGBTs into the definition. One can only pray that impeachment get his sorry asz.

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