State's to Sue Fed Over Healthcare Mandates

The Differences Between Car Insurance and Healthcare Insurance

Ronnie Manns
I have heard several State Attorney Generals are preparing to challenge the healthcare mandate citing that the Federal Government can not compel any citizen to purchase this product. My first thought was what was the difference between car insurance and health insurance? If you do not have car insurance and was involved in an accident or stopped by police, there would be a fine, jail time and maybe even forfeiture of your driver's license. Then it came to me.

Could it be because the car insurance policies and regulations are controlled by the individual states and not the federal government? What if there is a provision which took the enforcement of purchasing health insurance from the fed and gave it to the states? Would that negate the possible suits? The income from the purchase of health insurance would then go straight to each state and become a part of their budget figures right? Would not this assist some states in the raising of revenue when those who choose not to purchase health insurance are caught and pays their fines?

While I can understand the States Attorney Generals being up in arms because their job is to protect each state citizen, I can not understand the reasoning behind mounting such an attack right now. I can understand pre-warning all that this may happen in order to shape a better decision regarding this mandate but could this be less abut trying to protect your citizens and more about part affiliations? I think my major issue with this stems from my experience with taking my state to federal court for civil rights violations.

Bottom line was that the Eleventh Amendment barred all of my claims against a State Agency the Department of Children and Family Services (DCFS). According to the judge presiding over the case, the Supreme Court long ago held that a citizen of a state may not bring action against his/her own state in federal court (Gossmeyer v. McDonald, 128F. 3d 481,487 (7th Cir. 1997). Now if a citizen does not posses the right to correct an injustice brought about as a result of his/her own state agencies, how and why it is possible for states to bring actions against the federal government. I think that if anything, it's the citizens who should have the right to challenge federal and/or state authorities other than the way it appears to work right now, but then that's just my opinion and I could be wrong.

Published by Ronnie Manns

Former US Marine, single parent of 7, small business owner, inventor, author and freelance writer.  View profile

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