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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 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.


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.


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.

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