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Florida, Alabama And 11 Other States File Suit In Pensacola Over Health Care Reform Bill
March 23, 2010
Florida Attorney General Bill McCollum filed a lawsuit today in Pensacola against the U.S. Department of Health and Human Services, U.S. Department of Treasury and the U.S. Department of Labor alleging the Health Care Reform bill signed into law by President Obama this morning is unconstitutional. The bipartisan lawsuit was joined by 12 Attorneys Generals — including Troy King in Alabama — and is the first challenge of the new law.
“This bipartisan effort by Attorneys General around the country should put the Federal Government on notice that we will not tolerate the constitutional rights of our citizens and the sovereignty of our states to be trampled on,” said Attorney General Bill McCollum. “This law represents an unprecedented encroachment on the liberty of the American people, and I will pursue this litigation to the highest court if necessary.”
The Attorneys General from South Carolina, Nebraska, Texas, Utah, Louisiana, Alabama, Colorado, Michigan, Pennsylvania, Washington, Idaho, and South Dakota joined Florida’s lawsuit, filed today in the United States District Court for the Northern District of Florida, located in Pensacola.
The complaint alleges the new law infringes upon the constitutional rights of Floridians and residents of the other states by mandating all citizens and legal residents have qualifying health care coverage or pay a tax penalty. By imposing such a mandate, the law exceeds the powers of the United States under Article I of the Constitution and violates the Tenth Amendment to the Constitution. Additionally, the tax penalty required under the law constitutes an unlawful direct tax in violation of Article I, sections 2 and 9 of the Constitution.
The lawsuit further claims the health care reform law infringes on the sovereignty of the states by imposing onerous new operating rules that Florida must follow as well as requiring the state to spend billions of additional dollars without providing funds or resources to the state to help subsidize the cost of implementation of the law. This burden comes at a time where the Florida faces severe budget cuts to offset shortfalls in an already-strained budget.
Under the new law, Florida will be required to vastly broaden its Medicaid eligibility standards to accommodate upwards of 50 percent more enrollees, many of whom would be required to enroll or face a tax penalty. Florida’s Medicaid program currently consumes more than a quarter of the State’s financial outlays.
Comments
18 Responses to “Florida, Alabama And 11 Other States File Suit In Pensacola Over Health Care Reform Bill”
We all need to know what our Constitution says, and better understand socialized medicine and socialized anything, and to talk to those who have lived it. THEN, decide if it’s a good thing. Gullibility, and a desire for a quick fix, can be a dangerous combination. Social Security and welfare were supposed to be temporary fixes. If we all had the money we put into social security in our own money market fund, we would be much better off, financially speaking. From just the knowledge I have acquired through the years and some things I have read recently, I am more and more convinced that the top dogs in this country, Republican and Democrat, and others are not out to help “Joe Citizen,” but to utimately enslave him. Don’t believe me. Check it out.
L LAIRD says:
Attorney General McCollum:
In light of recent revelations that you once again used a no-bid contract to hire one of your political friends – this time a colleague of yours during your time as a Washington lobbyist – to file a frivolous lawsuit against President Obama’s historic health insurance reform law, pursuant to Florida Statute 119.011, I am requesting the following information and records from the Office of the Attorney General be posted on
• Any and all communications and documents related to communications between your office and your former employer Baker & Hostetler since January, 2006, including but not limited to any and all communications or documents regarding the decision to retain your former lobbying firm Baker & Hostetler and/or your former Washington D.C. lobbying colleague David Rivkin, within the Office of the Attorney General and its respective staff, including but not limited to email, letters, files, and documents.
Do hope all of the twenty thousand (20,000)plus un-insured of Escambia County could used some of the Tax payers money to help pay for their health insurance. Shame on all Republicans for supporting this waste of $$$. Congressman Alan Grayson stated ” Republicans answer to the un-insured, If you get sick, hurry up and die quickly”.
Thanks EMD! Went there and put my name on petition!
Glad they are doing this lawsuit! Thanks for looking out for our states! I wish you great success in your suit!
Liberty Counsel has filed a lawsuit in Federal District Court to stop this bill. To sign petition, go to:
http://www.libertyaction.org/310/petition.asp?rid=23748299
VERY STUPID! Waste of taxpayers money!
Bravo, for all the states that care about their citizens and the future of this country. The blatant disregard for the public will and many abuses of our systems that went to produce it, make this bill onerous to all of us and dangerous in it’s precedents. Thank you all for fighting for “we the people.”
Car insurance is not a federal requirement. They’re filing a suit against the federal government because they believe the law is unconstitutional. Read the article.
Sue the government? lol!!! While you are at it, sue them for us having to pay any tax at all, sue them for forcing us to have car insurance , sue to end social security
How about, if you need a fire truck, you just pay for it when you call, I mean, why tax everyone to support police and the fire department? lets just get rid of them right? if people need the police or fire trucks, they can just pay out of pocket
But what if they are broke? Oh well, I guess the fire dept can’t help them, or the police.
Do you see my point? Its funny thought, because this was voted in, it is what he was elected to do, good luck with the lawsuits , who are you going to sue? the voters? haha
I don’t see the comparison between being required to have car insurance and being forced to have health insurance. As a driver on the roads, I am at the mercy of another driver who may be under the influence of drugs, alcohol or just not paying attention— if I get hit by one of the above listed motorists, I should be “covered” for my injuries of body and car. Where as if I don’t have health insurance, I’m not causing harm to anyone else but myself. Who is to define “affordable” to anyone of us trying to maintain a household. 100 dollars may be okay for one family while 3 dollars could be a burden to a struggling family. Not to mention being fined for not having any. Where did the freedom of choice go in this country of ours?
Small businesses could fail– causing more job losses. So is going on welfare going to be the answer? That’s just another ball of wax, isn’t it????
Concerned-are you aware that about 80% of Medicaid recipients work full time? Why is it that you don’t know that?
There seems to be so many people around here that hate the American government that you would demand that the local politicians reject all federal funds that come into Florida’s district 1. But no. Florida’s district 1 is a welfare district, meaning that more tax dollars are sent here for the districts needs than the district produces. It’s not that you don’t like taxes, cause it’s clear that you are just fine with SOMEBODY elses tax dollars paying for your roads and bridges and airports and Medicare and hospitals. It’s that you all don’t want to pay your own way.
Kind of like Fidel. I know a doctor who sat at the table with him, when he turned traitor on some of his “friends.” He and his family left Cuba with the clothes on their backs and three dollars.
I knew another doctor, who swam to get here.
I knew another doctor, who was talking about his beloved country while delivering a baby. He “zoned out.” I had to catch that one.
I knew a dentist to be, from Cuba, with whom some of us waited one night until 1AM to hear from his family. He had paid someone a great deal of money to get them out of Cuba. The call never came. So, he continued to clean floors at the hospital. And he was never the same the rest of the time he was there, which wasn’t long.
All of these professionals to be, that came here, had to start out way below the mark they had attained in Cuba.
I HATE COMMUNISIM. IT WILL NOT WORK unless it is voluntary and out of love for one another. I do not see that in everyone in this world. Human nature will not let it work. All but the dictators will be slaves for the dictators. Their plan looks like it’s coming together. And Socialism is the last step before Communism.
Well, God has a plan. I pray that those that name The Name will stop the game, if they are playing one, and will wake up and get in The Way, or get out of the way.
It seems to me that the American dream is no longer to have a good job, build a family, and live life by working hard and earning what u get. The new American dream is to stay at home do nothing and let the working people pay for you to live. What kind of example is Obama setting for the youth of today, do nothing we’ll take care of u.
I think the States have legal recourse. I don’t think this new Healthcare bill is Constitutional. For those of you that think because the States mandate all drivers have insurance is the same thing, it is NOT. Here’s why:
Diving a motor vehicle is a privilege,not a right. Simply being a citizen is a right clearly shown in our Bill of Rights. The government has no authority or mandate that we must purchase any product to simply “exist”.
In the case of the liberal socialist entitlement and affirmative action gang who now hold power, this will not stand.
NOTHING is free. Tell everyone you know that your freedoms and liberties are NOT for sale.
/end rant.
Get rid of all the failed socialist programs! Social Security, Medicare & Medicaid! The IRS collects for all those too and will put you in jaiil if you don’t pay…I don’t need a retirement plan that will have no money in it when I’m 65! Scrap them all!
Excuse me, but the IRS isn’t even a legitimate part of our government, and they are in charge of penalizing Americans for not having insurance? This is the same thing as requiring people to have vehicle insurance, there isnt any difference! Americans voted this administration in, congratulations folks!
“DON’T GET TOO EXITED AT HOME FOLKS, I THINK THIS ONE IS COMING BACK” – Keith Jackson, ABC Sports.
From my understanding, there will be numerous other states to either join this lawsuit or file seperate ones. Remember that it takes only 38 states to pass a Constitutional Amendment. I think that this “law” will stay tied up in courts until the November election and probably until the 2012 Presidential election. Americans will remember how the Democrats forced this down our throats despite the majority objection to it and the Republicans will win both the Congress and Presidency and this “law” will be repealed. I have not heard or read of a politician dividing or polarizing this nation this much since the Lincoln Administration. I hope we are not headed back in that direction, or at least turn around before getting that far.
I hope that there will be many more states join in the fight against this kind of socialist/communist style of abuse.
It is obvious that the huge majority of the people of the U.S. (especially in the South) are against this type of abuse. Has anyone considered the thought of another succession besides the Republic of Texas. The South has most of the military bases, oil and industry with the exception of steel. It would be financially stable where the North would not.
This nation has not been against the government this much since the war of independence.