Posted by: Bluedog89
CNN~Several states plan to file a federal lawsuit challenging the constitutionality of the new health care reform bill, Florida’s attorney general announced this week.
Bill McCollum, the Republican attorney general up for reelection under fellow Republican Gov. Charlie Crist, told a news conference that the lawsuit would be filed once President Obama signs the health care bill into law. He said he’ll be joined by his counterparts in Alabama, Nebraska, North Dakota, Pennsylvania, South Carolina, South Dakota, Texas, Utah and Washington.
All of the attorneys general in the states mentioned by McCollum are Republican, but McCollum said the lawsuit would be about the law and not politics.
On Monday, Virginia’s Republican attorney general said his state would file a lawsuit challenging the health care bill. It was unclear if Virginia would join the other states or proceed on its own.
The U.S. House of Representatives passed the bill on Sunday night, and President Obama signed it into law on Tuesday.
McCollum said the lawsuit would challenge the bill’s provision requiring people to purchase health insurance, along with provisions that will force state government to spend more on health care services.
“This is a tax or a penalty on just living, and that’s unconstitutional,” he said of the mandate to purchase health coverage. “There’s no provision in the Constitution of the United States giving Congress the power to do that.”
McCollum also said that portions of the bill would force states to spend money they don’t have, which he called a violation of the 10th Amendment to the Constitution.*
“There’s no way we can do what’s required in this bill and still provide for education, for foster care, for the incarceration of prisoners, all the other things that are in this bill,” he said.
McCollum said he expected the lawsuit to eventually reach the U.S. Supreme Court.
Later Monday, White House Press Secretary Robert Gibbs said the Obama administration expected to win any lawsuits filed against the health care bill.
*The Tenth Amendment of the United States Constitution, which is part of the Bill of Rights, restates the Constitution’s principle of federalism by providing that powers not granted to the national government nor prohibited to the states by the constitution of the United States are reserved to the states or the people. However, there are clauses in which the federal government have intervened on behalf of the states.
Filed under Barack Obama, Charlie Crist R-FL, Congress, Courts, Democrats, Florida, Health Care Reform, Law, Pennsylvania, Politics, Republicans, Senate, South Carolina, Supreme Court, Texas, United States, Virginia, Washington
posted by GeoT
“The candidate who purports to speak for populist rage in fact turns out to be the candidate of a national political leadership.”
by David Frum (CNN) — The Republican fratricide in the Nov. 3 special election in upstate New York may prove just an opening round of an even more spectacular bloodbath in Florida in 2010.
In New York, Republican feuding lost the party a seat in the House of Representatives. At stake in Florida is not only a senatorship — but very possibly Republican hopes for 2012 as well.
The battle in Florida pits Gov. Charlie Crist against former Speaker of the Florida House Marco Rubio. Both men claim to be conservative, pro-life, tax cutters. On the issues, they would seem to agree far more than they disagree.
But on one issue they have disagreed passionately: President Obama’s fiscal stimulus. Squeezed by his state’s desperate fiscal condition, Crist endorsed and campaigned for the Obama stimulus. Inspired by his conservative ideology, Rubio opposed stimulus.
Now Rubio is the darling of conservatives nationwide. Just this week it was announced that he would keynote next year’s annual CPAC conference in Washington. He has been profiled on the cover of National Review, endorsed by the Club for Growth, and feted by radio talk show hosts.
Marco Rubio has fiercely denounced Crist’s support for the Obama stimulus. His campaign ads show images of Crist and Obama side by side and damn the stimulus as “trillions in reckless spending” and a “terrible threat to a fragile economy.”
Rubio’s message of uncompromising, unremitting opposition to President Obama has won him an enthusiastic following among conservatives nationwide.
But here’s the most important unasked question raised by the enthusiasm for Rubio among Washington conservatives: What alternative policy should have been adopted back in the spring, when interest rates had been cut to almost zero and the economy was still collapsing? Are vague bromides about big government anything like an adequate response to the worst economic crisis experienced by any American under age 80?
If all we conservatives have to offer is oppositionism, then opposition is the job we’ll be assigned to fill.
Read more here:
Note: David Frum, resident fellow at the American Enterprise Institute, was a special assistant to President George W. Bush in 2001-2002. He is the author of six books, including “Comeback: Conservatism That Can Win Again,” and the editor of FrumForum.com