States File Lawsuits Against Obamacare

Growing Number of States Claim Health Insurance Mandate is Unconstitutional

Kim Linton
State lawmakers, attorneys general and top prosecutors from a growing number of states have filed a legal challenge against Obamacare. The controversial bill passed the U.S. House by a 219-212 vote after the President agreed to issue an "abortion language" executive order to appease pro-life Democrats.

While various forms of legislation like the "Idaho Health Freedom Act" is pending in 37 other states, Virginia Attorney General Ken Cuccinelli announced his intentions to sue the federal government because he believes Congress does not have the authority to force people to buy health insurance.

"If a person decides not to buy health insurance, that person by definition is not engaging in commerce," Cuccinelli said. "If you are not engaging in commerce, how can the federal government regulate you?"

Florida Attorney General Bill McCollum and attorneys general from Alabama, Colorado, Idaho, Louisiana, Michigan, Nebraska, Pennsylvania, South Carolina, South Dakota, Texas, Utah, and Washington also plan to file a lawsuit to "protect the rights" of the American people from the Senate health care reform bill.

"The health care reform legislation passed by the U.S. House of Representatives clearly violates the U.S. Constitution and infringes on each state's sovereignty," McCollum said. Along with Cuccinelli and McCollum, critics who question the constitutionality of the Senate health care bill usually point to the personal mandate, which forces Americans to buy health insurance =- whether they want it or not.

According to South Carolina Attorney General Henry McMaster, "Essentially, this is just off-the-scale unconstitutional for the federal government to be telling people that they must do something -- that is, they must buy health insurance."

Starting in 2014, Americans will not have a choice in the matter. The cost of Obamacare includes hiring thousands of additional IRS agents to enforce and police the health insurance mandate and fines.

When asked about the growing number of potential legal challenges to Obamacare, Press Secretary Robert Gibbs said, "The White House will win any lawsuits challenging the legality of the health care bill. We don't think potential challenges will be very successful."

Sources:
Virginia to sue U.S. Over Health Care Reform, Reuters
W.H. Will Win any Health Lawsuits, Politico44
Health Care Reform Fight Shifts From Congress to the Courts, Fox News

Published by Kim Linton

Kim Linton began her writing career in 2001 as a contributor for Ministrymaker Magazine. Kim's work has since been published on a variety of websites including Woman's Day and Intel, and featured on several...  View profile

  • Similar legislation is pending in 37 other states.
  • Starting in 2014, Americans will be forced to buy health insurance.
  • The health care reform bill passed the House by a 219-212 vote.
Florida Attorney General Bill McCollum and attorneys general from Alabama, Washington, Pennsylvania, South Carolina, Utah, Texas, South Dakota, North Dakota, Michigan, and Nebraska also plan to file a lawsuit.

72 Comments

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  • C. Jeanne Heida6/17/2010

    Catching up on my reading, Kim. Excellent reporting here as usual :)

  • Wiley Vaughn4/10/2010

    Another ripoff of the American public for Obama's grand vision.

  • Janie Ellington4/2/2010

    Takeover of health care was already well underway, even without the new bill. I can't believe that people in favor of government-run health care have considered the fact that when you get something...you give up something. If you have a paternalistic government that provides for you, you also give up more freedoms. Besides, the ones who pay taxes seem to be better able to see through the "something for nothing" idea of government providing health care. Great article. I like your style.

  • Mike Powers4/1/2010

    I believe the issue of mandatory health insurance has (unfortunately) already been decided. Massachusetts requires all its citizens to buy health insurance. This law was passed under... of all people... Mitt Romney's governorship!

  • Lisa Riggs3/30/2010

    Excellent reporting here Kim!

  • dean qualls3/29/2010

    Interesting to know we have writers like you that can keep us updated on issues such as this. Interesting story and article

  • Faith Draper3/28/2010

    Great article sorry I have been commenting in some time!

  • Anthony Ventre3/28/2010

    Aside from the constitutional issues and other problems, it really creeps me out that ObamaCare will hire 16,000 new IRS agents to levy taxes or fines for people who don't buy health insurance.

  • Michael Hollingsworth3/27/2010

    Kim, good write-up. In all my years, I have never witnessed and experienced anything so menacing as to what is going on in our government today.

  • Wake up - what a waste of money but its ok there i3/26/2010

    And yet, these same people stood by as Bush's invasion put this country so deep in debt we will never see the end in our lifetimes!!
    It is a futile lawsuit which will cost the taxpayers of those states money that could have/should have been used on something worthwhile!
    Really what a pathetic waste of money

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