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.