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State Attorney Generals Agree To File Constitutional Challenge To Obamacare Immediately
Centristnetblog.com ^ | March 22, 2010 | Centrist Blog

Posted on 03/21/2010 11:12:58 PM PDT by Blonde

In late breaking news this evening after the historic passage of Obamacare through the House of Representatives by Democrats over bipartisan opposition, many state attorney generals held a conference call in which it was decided that they would file a multi-state suit alleging the newly-passed Obamacare is unconstitutional immediately after President Barack Obama signs the act, which is expected on early next week. Texas Attorney General Greg Abbott broke the news on his Facebook page:

Just got off the AG conference call. We agreed that a multi-state lawsuit would send the strongest signal. We plan to file the moment Obama signs the bill. I anticipate him signing it tomorrow. Check back for an update at that time. I will post a link to the lawsuit when it is filed. It will lay out why the bill is unconstitutional and tramples individual and states rights.

While the entire roster of claims regarding unconstitutionality is obviously unknown at this time, it appears that a central focus of the initial immediate filing (which will undoubtedly be amended several times) will be whether the individual mandate, which requires American citizens to purchase health insurance from private insurers, is a constitutional exercise of the federal government’s proscribed powers. Virginia Attorney General Ken Cuccinelli announced late Sunday night after the conference call that Virginia planned on joining the multi-state litigation against Obamacare:

Virginia will file suit against the federal government charging that the health-care reform legislation is unconstitutional, Virginia Attorney General Ken Cuccinelli’s office confirmed last night.

(Excerpt) Read more at centristnetblog.com ...


TOPICS: Constitution/Conservatism; Front Page News; Government; News/Current Events; US: Florida; US: Virginia
KEYWORDS: 10thamendment; 111th; ag; aglawsuits; bhofascism; bhohealthcare; bhotyranny; cuccinelli; democrats; lawsuit; obamacare; statesrights; tyranny
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To: HiTech RedNeck
Oh no doubt that this contains an individual mandate to purchase a commodity that simply cannot be constitutional if the document is to have any meaning.
21 posted on 03/21/2010 11:50:37 PM PDT by americanophile (DeMint/Ryan '10)
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To: Persevero

Thanks Persevero. Let’s hope so...


22 posted on 03/21/2010 11:55:32 PM PDT by DoughtyOne (If we as Republicans can't clean up our house, who can or will? Just say no to MeCain(D).)
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To: DoughtyOne

Exactly right. Don’t forget the equal protection clause would likely come into play: different rules for Congress than the people, different rules for different states, etc.... Of course the biggest argument is the mandate and the right to regulate health insurance - neither power granted to the Feds.


23 posted on 03/22/2010 12:00:26 AM PDT by JLLH
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To: historyrepeatz

Seems they are using the same “must buy from us” reasoning they are using for insurance. All the same corrupt socialistic argument - and yes, it’s Unconstitutional.


24 posted on 03/22/2010 12:01:56 AM PDT by JLLH
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To: Blonde

These arrogant democrats have openly discarded the will
of the people and have defiled the U.S. Constitution.
They knew the vote was fixed but they deceived the American people.

Stupak is our new Benedcit Arnold.


25 posted on 03/22/2010 12:02:34 AM PDT by ChiMark
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To: HiTech RedNeck

Exactly. A HUGE difference and attorneys all over are saying it won’t pass Constitutional muster. Nor should it.


26 posted on 03/22/2010 12:03:05 AM PDT by JLLH
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To: MississippiMan

I plan to talk to my representative in the State Legislature.


27 posted on 03/22/2010 12:04:11 AM PDT by Maurice Tift (You can't stop the signal, Mal. You can never stop the signal.)
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To: Persevero

I agree with you, this is not going to take 15 year or even 5 years to reach the Supreme Court. I am tired of people suggesting that the Supreme Court has no value in this matter. The Supreme Court was created for just such an occasion.


28 posted on 03/22/2010 12:18:00 AM PDT by Sarah-bot (The bloom is off the fart blossum)
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To: Blonde

Bookmark


29 posted on 03/22/2010 12:20:29 AM PDT by 1035rep
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To: JLLH

Just think of it...219 Democrats in the House, 60 Democrats in Senate and 1 Community organizer , 280 people (that’s only about 1/1000th of a percent of the entire population) has just signed 300 million people up to a bill they don’t need nor want...it cannot stand....


30 posted on 03/22/2010 12:22:16 AM PDT by databoss
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To: Blonde

This is OUTSTANDING news. It’s long past time that the states got off their collective rumps and started pushing back against the federal monstrosity that’s grown unchecked since 1865.


31 posted on 03/22/2010 12:27:01 AM PDT by Wolfstar (Note to rigid ideologues: Your own point of view in a mirror is quite a limited window on the world.)
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To: SmokingJoe

Amen!


32 posted on 03/22/2010 12:35:08 AM PDT by Hostage
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To: Blonde
Even if Barack signs it, it still isn't a law. It hasn't passed both Houses.

That's the first Constitutional challenge right there.

Attack on both fronts.

33 posted on 03/22/2010 12:40:15 AM PDT by TheThinker (Communists: taking over the world one kooky doomsday scenerio at a time.)
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To: Blonde
Virginia Lawmakers Say "No" To Health Care Reform (First in the Nation)

Idaho first to sign law against health care reform

Kansas one of 37 states challenging federal health care reform (STOPPING THE COMMUNIST TAKEOVER!)

34 posted on 03/22/2010 1:13:13 AM PDT by TigersEye (It's the Marxism, stupid! ... And they call themselves Progressives.)
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To: americanophile
The real problem is the Commerce Clause, it’s the exception that’s swallowing the rule; the entire Constitution.

hmmm... I don't know about that. Currently, health insurance is regulated by the States and there is no intrastate exception -in fact, the intrastate exception that would allow persons to purchase insurance from other states was a topic of debate. With no purchase across state lines the commerce clause is a moot beachhead for the leftists...

Big GOV can regulate interstate commerce BUT not impose it or by default imply it by the act of adopting it and enforcing it

35 posted on 03/22/2010 1:13:45 AM PDT by DBeers ( †)
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To: DBeers

P.S.

check out “Schechter Poultry Corp. v. United States”

http://en.wikipedia.org/wiki/Schechter_Poultry_Corp._v._United_States


36 posted on 03/22/2010 1:15:25 AM PDT by DBeers ( †)
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To: Blonde
In addition to suits like these, everyone who can should refuse to pay the Obamacare taxes on the ground that they are an unapportioned head tax, and therefore unconstitutional. We could easily get 100 million or more people each filing their own suits against being assessed for an unconstitutional head tax.


37 posted on 03/22/2010 1:16:00 AM PDT by Oceander (The Price of Freedom is Eternal Vigilance -- Thos. Jefferson)
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To: Blonde

This picture says it all. Speaker Pelosi has made a dictatorial sham of her office, Speaker of the House of Representatives. Carrying the House gavel in public like a club ... shame.

This is not Europe and Elected Officials do not march through the streets like European Fascists, Socialists and Communists do to display raw political power.

The Roman Tribune"Fasces” [as in “Fascism”] ... was a bundle of reed-rods surrounding an axe head… the symbol of ultimate authority and the power of Rome. Guards carried the Fasces at the head of the procession as the Tribune made his way through the crowded streets. The message was, “Get out of the way.” -By William R. Mann Sunday, March 21, 2010 Canada FREE PRESS

Fasces at the House of Representatives, which has been overrun by the "Congressional Progressive Caucus"

THE COMMIE U.S. "CONGRESSIONAL PROGRESSIVE CAUCUS" WEBSITE

THE COMMUNIST PARTY OF THE UNITES STATES WEBSITE

38 posted on 03/22/2010 1:18:12 AM PDT by Rome2000 (OBAMA IS A COMMUNIST CRYPTO-MUSLIM)
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To: coydog
"And how many army divisions have the court to enforce it if they rule for Obama? The states could wreak a LOT of havoc with the feds if they wanted to and had public support."

States get much of ther funding for operations from the federal gov't. A way needs to be found to STOP funding the federal gov't and have the States keep their own tax money and self fund rather then look to the corrupt fed gov't. The larger States can probably do this easily enough since they get back less then they send the gov't but the smaller States would be hurt and a way around this needs to be found so the beast in Washington can be starved. The answer to this debacle is massive, truly massive civil disobedience (peaceful).

39 posted on 03/22/2010 1:39:32 AM PDT by 101voodoo
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To: TheThinker
"It hasn't passed both Houses. "Think again Thinker, house passed the Senate version today, Obama will sign it into law monday or tuesday.
40 posted on 03/22/2010 1:39:38 AM PDT by jpsb
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