13 Attorneys General Sue Over Healthcare Overhaul

[rushmc 23]

Didnt take long


***13 Attorneys General Sue Over Healthcare Overhaul
Tuesday, 23 Mar 2010 02:40 PM


Attorneys general from 13 states sued the federal government Tuesday, claiming the landmark healthcare overhaul is unconstitutional just seven minutes after President Barack Obama signed it into law.

The lawsuit was filed in Pensacola, Fla., after the Democratic president signed the 10-year, $938 billion bill the House passed Sunday night.

"The Constitution nowhere authorizes the United States to mandate, either directly or under threat of penalty, that all citizens and legal residents have qualifying health care coverage," the lawsuit says.

Legal experts say it has little chance of succeeding because, under the Constitution, federal laws trump state laws.

Florida Attorney General Bill McCollum is taking the lead, joined by attorneys general from South Carolina, Nebraska, Texas, Michigan, Utah, Pennsylvania, Alabama, South Dakota, Idaho, Washington, Colorado, and Louisiana. All are Republicans except James "Buddy" Caldwell of Louisiana, a Democrat.

Some states are considering separate lawsuits — Virginia filed its own Tuesday — and still others may join the multistate suit. In Michigan, the Thomas More Law Center of Ann Arbor, a Christian legal advocacy group, sued on behalf of itself and four people it says don't have private health insurance and object to being told they have to buy it.

McCollum, who is running for governor, argues the bill will cause "substantial harm and financial burden" to the states.

The lawsuit claims the bill violates the 10th Amendment, which says the federal government has no authority beyond the powers granted to it under the Constitution, by forcing the states to carry out its provisions but not reimbursing them for the costs.

It also says the states can't afford the new law. Using Florida as an example, the lawsuit says the overhaul will add almost 1.3 million people to the state's Medicaid rolls and cost the state an additional $150 million in 2014, growing to $1 billion a year by 2019.

"We simply cannot afford to do the things in this bill that we're mandated to do," McCollum said at a news conference, during which he also said Medicaid expansion in Florida will cost $1.6 billion.

"That's not possible or practical to do in our state," he said. "It's not realistic, it's not right, and it's very, very wrong."

South Carolina Attorney General Henry McMaster, who also is running for governor, said the lawsuit was necessary to protect his state's sovereignty.

"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," he said.

But Lawrence Friedman, a professor who teaches constitutional law at the New England School of Law in Boston, said before the suit was filed that it has little chance of success. He said he can't imagine a scenario in which a judge would stop implementation of the healthcare bill.

Still, McCollum said he expects the U.S. Supreme Court eventually will decide whether the overhaul is constitutional.

"This is not lawful," he said. "It may have passed Congress, but there are three branches of government."

Some states are looking at other ways to avoid participating. Virginia and Idaho have passed legislation aimed at blocking requirements in the bill, and the Republican-led Legislature in Florida is trying to put a constitutional amendment on the ballot to ask voters to exempt the state from the federal law's requirements. At least 60 percent of voters would have to approve.

Under the bill, starting in six months, health insurance companies would be required to keep young adults as beneficiaries on their parents' plans until they turn 26, and companies no longer would be allowed to deny coverage to sick children.

Other changes would not kick in until 2014.

That's when most Americans will be required for the first time to carry health insurance — either through an employer or government program or by buying it themselves. Those who refuse will face tax penalties.

"This is the first time in American history where American citizens will be forced to buy a particular good or service," said Nebraska Attorney General Jon Bruning, who is also president of the National Association of Attorneys General, explaining why his state joined the lawsuit.

Tax credits to help pay for premiums also will start flowing to middle-class working families with incomes up to $88,000 a year, and Medicaid will be expanded to cover more low-income people.

No Republicans in the U.S. House or Senate voted for the bill.

——

Associated Press Writer Meg Kinnard in Columbia, S.C.; David Runk in Detroit; and Josh Funk in Omaha, Neb., contributed to this report.


© Copyright 2010 The Associated Press.

"America will never be destroyed from the outside,
if we falter and lose our freedoms,
it will be because we destroyed ourselves."
Abraham Lincoln

[Amazon 7]

More snitty childish behavior from the Fringe Right Party

OMG ITS A SIGN OF ARMEGEDDON FOR SURE.. IT'S THE END OF THE WORLD AS WE KNOW IT

[captain1976 0]

Of course its unconstitutional, Obama doesn't give a shit. But I like many others will simply ignore it.

You live more in the few minutes of skydiving than many people live in their lifetime

[Anvilbrother 0]

What if they said ok Amazon, we are making you pay 6 times or a bazillion what you pay for health care now, and its mandatory, and you don't have the money for it...and this will bankrupt you...

This is what they are saying

Postes r made from an iPad or iPhone. Spelling and gramhair mistakes guaranteed move along,

[Amazon 7]

Quote

What if they said ok Amazon, we are making you pay 6 times or a bazillion what you pay for health care now, and its mandatory, and you don't have the money for it...and this will bankrupt you...

This is what they are saying

BZZZZT wrong answer...

I would just be happy if I got any health care after I have paid for it for 40+ years.

The preexisting condition thing has cost me many thousands of dollars over the last few years.

Personlly.. I would LOVE TO MEET THE MOTHERFUCKER WHO GOT THE BILLIONS IN BONUS at United HEALTH NON CARE

[kallend 2,108]

Quote

What if they said ok Amazon, we are making you pay 6 times or a bazillion what you pay for health care now, and its mandatory, and you don't have the money for it...and this will bankrupt you...

This is what they are saying

Ummm, NO. Maybe you should find out what is in the Act instead of believing the scare stories.

...

The only sure way to survive a canopy collision is not to have one.

[Anvilbrother 0]

http://msnbcmedia.msn.com/i/MSNBC/Sections/NEWS/A_Politics/healthcare.pdf
Link to the lawsuit

Maybe you should read part 4 it basically states what i said above. FLORIDA CAN NOT AFFORD THIS, that is just one of the reasons they are doing this.

Cut directly from the pdf of the lawsuit

For example, it requires that Florida vastly broaden its Medicaid eligibility standards to accommodate upwards of 50 percent more enrollees, many of whom must enroll or face a tax penalty under the Act, and imposes onerous new operating rules that Florida must follow. The Act requires Florida to spend billions of additional dollars, and shifts substantial administrative costs to Florida for, inter alia, hiring and training new employees, as well as requiring that new and existing employees devote a considerable portion of their time to implementing the Act. This onerousencroachment occurs at a time when Florida faces having to make severe budget cuts to offset shortfalls in its already-strained budget, which the state constitution requires to be balanced each fiscal year (unlike the federal budget), and at a time when Florida’s Medicaid program already consumes more than a quarter of the State’s financial outlays.

Postes r made from an iPad or iPhone. Spelling and gramhair mistakes guaranteed move along,

[rushmc 23]

Quote

http://msnbcmedia.msn.com/i/MSNBC/Sections/NEWS/A_Politics/healthcare.pdf
Link to the lawsuit

Maybe you should read part 4 it basically states what i said above. FLORIDA CAN NOT AFFORD THIS, that is just one of the reasons they are doing this.

Cut directly from the pdf of the lawsuit

For example, it requires that Florida vastly broaden its Medicaid eligibility standards to accommodate upwards of 50 percent more enrollees, many of whom must enroll or face a tax penalty under the Act, and imposes onerous new operating rules that Florida must follow. The Act requires Florida to spend billions of additional dollars, and shifts substantial administrative costs to Florida for, inter alia, hiring and training new employees, as well as requiring that new and existing employees devote a considerable portion of their time to implementing the Act. This onerousencroachment occurs at a time when Florida faces having to make severe budget cuts to offset shortfalls in its already-strained budget, which the state constitution requires to be balanced each fiscal year (unlike the federal budget), and at a time when Florida’s Medicaid program already consumes more than a quarter of the State’s financial outlays.

WOW, which means FL medicare can denie 50% more claims

Cool

"America will never be destroyed from the outside,
if we falter and lose our freedoms,
it will be because we destroyed ourselves."
Abraham Lincoln

[GeorgiaDon 379]

Quote

WOW, which means FL medicare can denie 50% more claims

No problem, as long as they don't deny 50% more claims.

_____________________________________
Tolerance is the cost we must pay for our adventure in liberty. (Dworkin, 1996)
“Education is not filling a bucket, but lighting a fire.” (Yeats)

[airdvr 210]

Quote

Quote

What if they said ok Amazon, we are making you pay 6 times or a bazillion what you pay for health care now, and its mandatory, and you don't have the money for it...and this will bankrupt you...

This is what they are saying

BZZZZT wrong answer...

I would just be happy if I got any health care after I have paid for it for 40+ years.

The preexisting condition thing has cost me many thousands of dollars over the last few years.

Personlly.. I would LOVE TO MEET THE MOTHERFUCKER WHO GOT THE BILLIONS IN BONUS at United HEALTH NON CARE

I agree on the pre-existing issue. Did we need a 2600 page bill to deal with that?

Please don't dent the planet.

Destinations by Roxanne

[Amazon 7]

Quote

Quote

Quote

What if they said ok Amazon, we are making you pay 6 times or a bazillion what you pay for health care now, and its mandatory, and you don't have the money for it...and this will bankrupt you...

This is what they are saying

BZZZZT wrong answer...

I would just be happy if I got any health care after I have paid for it for 40+ years.

The preexisting condition thing has cost me many thousands of dollars over the last few years.

Personlly.. I would LOVE TO MEET THE MOTHERFUCKER WHO GOT THE BILLIONS IN BONUS at United HEALTH NON CARE

I agree on the pre-existing issue. Did we need a 2600 page bill to deal with that?

Have you ever seen the size of any other laws passed by Congress???

What the hell do you expect from a bunch of fucking lawyers who want everything spelled out to the minutist detail...

[justinb138 0]

Quote

What the hell do you expect from a bunch of fucking lawyers who want everything spelled out to the minutist detail...

For something spelled out in minute detail, it seems odd that the word "other" appears 72 times in the first 100 pages, and "general" appears 64.

Hell, half the bills that are passed have titles that end in "...and for other purposes.".

[Rstanley0312 1]

Quote

http://msnbcmedia.msn.com/i/MSNBC/Sections/NEWS/A_Politics/healthcare.pdf
Link to the lawsuit

Maybe you should read part 4 it basically states what i said above. FLORIDA CAN NOT AFFORD THIS, that is just one of the reasons they are doing this.

Cut directly from the pdf of the lawsuit

For example, it requires that Florida vastly broaden its Medicaid eligibility standards to accommodate upwards of 50 percent more enrollees, many of whom must enroll or face a tax penalty under the Act, and imposes onerous new operating rules that Florida must follow. The Act requires Florida to spend billions of additional dollars, and shifts substantial administrative costs to Florida for, inter alia, hiring and training new employees, as well as requiring that new and existing employees devote a considerable portion of their time to implementing the Act. This onerousencroachment occurs at a time when Florida faces having to make severe budget cuts to offset shortfalls in its already-strained budget, which the state constitution requires to be balanced each fiscal year (unlike the federal budget), and at a time when Florida’s Medicaid program already consumes more than a quarter of the State’s financial outlays.

That's okay they will just print more money and bail out the state of Florida.

Life is all about ass....either you're kicking it, kissing it, working it off, or trying to get a piece of it.
Muff Brother #4382 Dudeist Skydiver #000
www.fundraiseadventure.com

[pmw515 0]

I guess you don't like the freedom to spend your money how you please. Want to let the Feds tell you that you must buy what they tell you? (in this case health insurance). What's to stop them from making you buy a gun? You have the right to your property, to liberty, and to life.

When the feds start dictating how we can spend our money via a mandate, or punnish us, we are no longer free. Maybe the courts will reverse, maybe not; I hope they do.

[Amazon 7]

Quote

I guess you don't like the freedom to spend your money how you please. Want to let the Feds tell you that you must buy what they tell you? (in this case health insurance). What's to stop them from making you buy a gun? You have the right to your property, to liberty, and to life.

When the feds start dictating how we can spend our money via a mandate, or punnish us, we are no longer free. Maybe the courts will reverse, maybe not; I hope they do.

I spend MOST of mine how I see fit.. and I dont usually begrudge them that part I have to pay for living in a society that is fairly functional.

I dont have school age kids.. but I am paying for a lot of other peoples brats.. but you see...... that is a prt of making it a better country. I prefer to live around educated people who can get a job and be productive members of society instead of lowlifes I might have to shoot when they think what is mine is worth taking. It seems far too many people would prefer the latter state of affairs by their constant bitching about having to pay taxes.

I like to drive on roads that are not falling apart... yet a lot of you bitch about how much you are paying for taxes that go to support things like that. I guess you would rather have to have a 4x4 to get to downtown Atlanta because the road is so fucking lousy you need something that has the suspension to handle a highway that is like going offroad.


I do bitch about unnecessary wars brought about by lies and manipulation of the intel so that Dick gets his buddies those oil contracts in Iraq.... I am really tired of our kids having to be the COP OF THE WORLD and dieing in far off places while a bunch of war mongering assholes who are fucking cowards stay home and beat their chests abouthow patriotic they are and how much they support war... if they support the fucking war... VOLUNTEER and go yourself if you dig war so much. Trouble is... they always seem to find excuses.. like the pilondial cysts on their fat asses.

Personally I think that health care should be a higher priority for helping our own people instead of sending off so much of our national wealth to kill other people in their countries and getting 5000 or so of our own kids killed in the process.

I guess you are good with the TRILLIONS the feds have squandered by dictating all the money spent on all the killing.. I would like to see a few billion spent on living

[tkhayes 348]

Quote

It also says the states can't afford the new law. Using Florida as an example, the lawsuit says the overhaul will add almost 1.3 million people to the state's Medicaid rolls and cost the state an additional $150 million in 2014, growing to $1 billion a year by 2019.

"We simply cannot afford to do the things in this bill that we're mandated to do," McCollum said at a news conference, during which he also said Medicaid expansion in Florida will cost $1.6 billion.

$1B/year, divided by 18.5M residents in Florida, $54/year per person.

BULLSHIT that they cannot afford it. Florida does not even have state income tax fer chrissake.

My property taxes have gone down consistently for the last 5 years in Florida and all the governments do is complain they have to money and they are cutting more programs, cutting more education, cutting more this and that.

Fuck that - RAISE my taxes by $500/year on my house - it is a pittance and we can finally get some response to the programs that are needed.

[mnealtx 0]

So, you're going to start offering insurance to your employees, then?

Mike
I love you, Shannon and Jim.
POPS 9708 , SCR 14706

[tkhayes 348]

Actually, with the new legislation - YES, we will.

[rushmc 23]

Maxine nails it again

***Now, let me get this straight......we're trying to pass a health care plan written by a committee whose chairman says he doesn't understand it, passed by a Congress that hasn't read it but exempts themselves from it, to be signed by a president that also is exempt from it and hasn't read it and who smokes, with funding administered by a treasury chief who didn't pay his taxes, all to be overseen by a surgeon general who is obese, and financed by a country that's broke.

What the hell could possibly go wrong?

"America will never be destroyed from the outside,
if we falter and lose our freedoms,
it will be because we destroyed ourselves."
Abraham Lincoln

[pirana 0]

Quote

Maxine nails it again

***Now, let me get this straight......we're trying to pass a health care plan written by a committee whose chairman says he doesn't understand it, passed by a Congress that hasn't read it but exempts themselves from it, to be signed by a president that also is exempt from it and hasn't read it and who smokes, with funding administered by a treasury chief who didn't pay his taxes, all to be overseen by a surgeon general who is obese, and financed by a country that's broke.

What the hell could possibly go wrong?

Wasn't aware they made special provisions for themselves. Doesn't surprise me though, the MN legislature has been doing that for years, writing exemptions for political subdivisions into most of the mandates they pass. They also have a long history of exempting large employer groups via a loophole that was put in place for one specific powerful company many years ago.

Basically, large self-insured groups act as their own insurance companies, but are not required to follow all of the rules. That does appear to be changing in small increments; but employers should be removed from the equation entirely.

The teachers unions have been trying to form a self-insured statewide pool of their own for years in hopes of getting exempted from many requirements. You'd think at least they would get that adding more and more people to the exemptions list just means there are fewer to pay the tab. Apparently even teachers are capable of ignoring basic arithmetic when it comes to satisfying their own personal need versus contributing fairly to the whole.

One example of how this manifests itself is in the funding for MN's high risk pool (MCHA). Self-insureds do not have to contribute, meaning that individual purchasers and small groups carry the burden of subsidizing the pool.

I find it ironic that the bigger the company, the less chance they are required to contribute.

" . . . the lust for power can be just as completely satisfied by suggesting people into loving their servitude as by flogging them and kicking them into obedience." -- Aldous Huxley

[loumeinhart 0]

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Ummm, NO

Ummm in 2014 I am required by federal law to enroll in a private health insurance plan. This is absolutely unconstitutional.

[loumeinhart 0]

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Actually, with the new legislation - YES, we will.

Just out of curiosity, why couldn't you offer it before?

[rushmc 23]

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Quote

Ummm, NO

Ummm in 2014 I am required by federal law to enroll in a private health insurance plan. This is absolutely unconstitutional.

I agree but, will the courts.
And I ponder this because of a ruling many years ago when a farmer was forced to pay a fine (by the fed gov) for raising 12 acres of wheat instead of 10. A fine the court upheld.....

"America will never be destroyed from the outside,
if we falter and lose our freedoms,
it will be because we destroyed ourselves."
Abraham Lincoln

[loumeinhart 0]

Quote

I agree but, will the courts.

It will be a 5-4 decision.

[kallend 2,108]

Quote

Quote

Ummm, NO

Ummm in 2014 I am required by federal law to enroll in a private health insurance plan. This is absolutely unconstitutional.

I didn't realize you were a justice on the Supreme Court. That's very cool.

...

The only sure way to survive a canopy collision is not to have one.