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10 states line up to sue over health bill, Florida AG says
cnn ^ | 3/22/2010 | cnn

Posted on 03/22/2010 3:08:37 PM PDT by tobyhill

Ten states plan to file a federal lawsuit challenging the constitutionality of the new health care reform bill, Florida's attorney general announced Monday.

Bill McCollum, the Republican attorney general under fellow Republican Gov. Charlie Crist, told a news conference that the lawsuit would be filed once President Obama signs the health care bill into law. He said he'll be joined by his counterparts in Alabama, Nebraska, North Dakota, Pennsylvania, South Carolina, South Dakota, Texas, Utah and Washington.

All of the attorneys general in the 10 states mentioned by McCollum are Republican, but McCollum said the lawsuit would be about the law and not politics.

Also Monday, Virginia's Republican attorney general said his state would file a lawsuit challenging the health care bill. It was unclear if Virginia would join the other states or proceed on its own.

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


TOPICS: Extended News; News/Current Events; US: Florida; US: Virginia
KEYWORDS: 10thamendment; 111th; ag; bhohealthcare; cuccinelli; lawsuit; obamacare; statesrights

1 posted on 03/22/2010 3:08:37 PM PDT by tobyhill
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To: tobyhill

Add Michigan to the list.

http://www.reuters.com/article/idUSN2210674820100322?type=marketsNews


2 posted on 03/22/2010 3:11:30 PM PDT by cripplecreek (Remember the River Raisin! (look it up))
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To: tobyhill
Wisconsin may join the list too:

http://www.wkowtv.com/Global/story.asp?S=12183960

3 posted on 03/22/2010 3:12:24 PM PDT by Extremely Extreme Extremist (Islam is incompatible with American traditions and values)
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To: tobyhill
The Idaho legislature passed a law that requires the Attorney General of our state to sue the federal government if this bill passed and is signed into law.

It is already STATE LAW IN IDAHO to sue over this...so add us to the mix.


The man who despises America

We have a band of traitors running this country. I know of no other way to state it or express it. That is the truth about Barrack Hussein Obama and those in league with him.They have proven by their words, their deeds, and their stances...for decades...what they are, and now they have punctuated it with this God-forsaken, monstrocity social health care bill, and intend to continue punctuating it with amnesty for illegal aliens, a world-wide socialist cap and trade effort...among many other things. They are marxist ideologs who hate the free market, who hate free enterprise, who disdain the constitution and its attending, foundational principles, who reject freedom and personal responsibility, and who promise the wrteched masses that they themselves have created through dependancy, anything they think they want, so they can amass power to themselves and destroy this Republic, its liberty and way of life, and make it over into a decrepid socialist/marxist state where they and their cronies amass tyranical power unto themselves.

This cannot stand...indeed, this MUST NOT STAND. We must press forward to the elections of 2010 and throw these enemies out with such resounding clarity that it cannot be denied either here or abroad what is occurring. We must do so by turning to the constitution and the principles that are its foundation and then electing only those candidates who swear their allegiance to that constitution and those principles.

Nothing else will do.

If, as a people, we do not turn away from the course these quislings and traitors have set us on, then, as history and God are our witness, we will ultimately be left only with same course our own forefathers were compelled to take...that is, the force of arms, in the hands of citizens and citizen soldiers of this country to route these traitors out.

We are at a monumental crossroads in our nations history. We are on a path to self destruction and the loss of our freedom and way of life. But we have the opportunity to turn off that path and return to the principles that have made America free and prospered her.

Rise up O America, your liberty is calling!

Get involved with the effort to find and support constitutional candidates : RESTORE THE CONSTITUTION EFFORT

Come together with, discuss, and plan activities to take back our Republic at : FREERPUBLIC.COM CONSERVATIVE ACTIVISM

Join a TEA PARTY like our founders, to turn this marxism/socialism around TEA PARTY NATION and, or TEA PARTY PATRITOTS

Stay true to your oath to protect and defend the Constitution at OATHKEEPERS - NOT ON OUR WATCH

Sincerely, and in liberty,

Jeff Head
Emmett, ID
March 22, 2010

4 posted on 03/22/2010 3:12:28 PM PDT by Jeff Head (Freedom is not free...never has been, never will be. (www.dragonsfuryseries.com))
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To: tobyhill

Is it safe to say that my home state of North Carolina is no longer part of the South??


5 posted on 03/22/2010 3:12:45 PM PDT by elpadre (AfganistaMr Obama said the goal was to "disrupt, dismantle and defeat al-Qaeda" and its allies.)
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To: tobyhill

No Tennessee? WTF?


6 posted on 03/22/2010 3:12:53 PM PDT by who knows what evil? (G-d saved more animals than people on the ark...www.siameserescue.org.)
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To: tobyhill; Jet Jaguar; NorwegianViking; ExTexasRedhead; HollyB; FromLori; ...

The list, ping


7 posted on 03/22/2010 3:13:19 PM PDT by Nachum (The complete Obama list at www.nachumlist.com)
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To: tobyhill

Early this morning Fox News reported there were 38 states filing suits. Were they wrong?


8 posted on 03/22/2010 3:18:55 PM PDT by abigailsmybaby ( I'm not going to buy my kids an encyclopedia. Let them walk to school like I did. Yogi Berra)
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To: Nachum

just the beginning


9 posted on 03/22/2010 3:19:00 PM PDT by truthbetold11 (truthbetold11)
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To: tobyhill

Can someone explain why Texas is not on this list?


10 posted on 03/22/2010 3:21:01 PM PDT by hope_dies_last
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To: abigailsmybaby

I think it is 38 States that got laws against it in the works.


11 posted on 03/22/2010 3:21:05 PM PDT by TC Builders
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To: abigailsmybaby

The list is only state’s AG’s that are filing suit. This doesn’t include state legislation.


12 posted on 03/22/2010 3:21:32 PM PDT by A_Tradition_Continues (formerly known as Politicalwit ...05/28/98 Class of '98...PROCESS MATTERS)
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To: tobyhill
These lawsuits are nice, but the States must be clear that they will not comply with ObamaCare even if the Supreme Court rules against them. The Constitution must not be allowed to be amended by the vote of 9 (at least not this time).
13 posted on 03/22/2010 3:22:24 PM PDT by Repeal 16-17 (Let me know when the Shooting starts.)
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To: hope_dies_last

Texas AG is spearheading the assault. The State Legislature only meets every two years, hence no legislation, this being an off year.


14 posted on 03/22/2010 3:23:03 PM PDT by A_Tradition_Continues (formerly known as Politicalwit ...05/28/98 Class of '98...PROCESS MATTERS)
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To: hope_dies_last
He said he'll be joined by his counterparts in Alabama, Nebraska, North Dakota, Pennsylvania, South Carolina, South Dakota, Texas, Utah and Washington.
15 posted on 03/22/2010 3:24:40 PM PDT by A_Tradition_Continues (formerly known as Politicalwit ...05/28/98 Class of '98...PROCESS MATTERS)
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To: abigailsmybaby

Some are just considering and some are ready with pen in hand.


16 posted on 03/22/2010 3:25:01 PM PDT by tobyhill
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To: tobyhill

I called the Nevada AG’s office today and they are “looking into” joining the lawsuit. They are looking into how it could affect the state ????? There is no specific timeframe as to when they will make the decision so I’ll call every 2-days to see where we stand.


17 posted on 03/22/2010 3:28:07 PM PDT by ninergold3 (Danny Tarkanian - US Senate (tark2010.org))
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To: Repeal 16-17
This could actually turn into a judicial battle of epic proportions.
18 posted on 03/22/2010 3:29:33 PM PDT by tobyhill
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To: ninergold3
Gee, your AG’s a little slow. Adding at least 16 million new medicaid recipients and the prospects of Obama granting amnesty to another 12 million illegals is going to affect the state.
19 posted on 03/22/2010 3:32:05 PM PDT by tobyhill
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To: tobyhill

Here in MS we have an excellent Governor and a superb AG. I am confident they know when to call “All in”....


20 posted on 03/22/2010 3:35:23 PM PDT by libertyhoundusnr
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To: hope_dies_last

Texas should be on the list.


21 posted on 03/22/2010 3:36:56 PM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: tobyhill

I hear Washington State has joined the states.


22 posted on 03/22/2010 3:38:45 PM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: abigailsmybaby

>> Fox News reported there were 38 states filing suits <<

Excellent, because 38 is the “magic number” of states than can compel Congress to call a constitutional convention!


23 posted on 03/22/2010 3:49:14 PM PDT by Hawthorn
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To: hope_dies_last
It appears to me that Texas was mentioned as a part of the group planning to sue.

He said he'll be joined by his counterparts in Alabama, Nebraska, North Dakota, Pennsylvania, South Carolina, South Dakota, Texas, Utah and Washington.

24 posted on 03/22/2010 3:54:46 PM PDT by deport
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To: A_Tradition_Continues

Thank you A_Tradition_Continues for that clarification regarding Texas not being on the list.

It is time to take this wayward bull by the horns...


25 posted on 03/22/2010 3:57:26 PM PDT by hope_dies_last
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To: Hawthorn
Excellent, because 38 34 is the “magic number” of states than can compel Congress to call a constitutional convention!

Fixed it. Article V says two-thirds of the States are needed for calling a new Con-Con.

26 posted on 03/22/2010 4:00:03 PM PDT by Repeal 16-17 (Let me know when the Shooting starts.)
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To: Repeal 16-17
Thank you for fixing it. I was about to jump in, but you caught it.

Not that I want to criticize, but the term "Consttutional Conventon" is incorrect. Article V only speaks of "a convention for proposing amendments," and that is a far cry from a genuine constitutional convention.

Please read this essay, which is a primer on how a Convention for Proposing Amendments would work, based on the 1992 law where Congress finally got around to regulating the amendatory process for housekeeping purposes after the surprise ratification of the 27th Amendment.

27 posted on 03/22/2010 4:05:33 PM PDT by Publius (The prudent man sees the evil and hides himself; the simple pass on and are punished.)
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To: Repeal 16-17

>> Article V says two-thirds of the States are needed for calling a new Con-Con <<

Thanks! Even better!

(My mistake. I guess it’s 38 states that are required to RATIFY a constitutional amendment.)

Now all we need is for Mark Levin (or somebody with similar legal brilliance) to draft a resolution acceptable to 34 state legislatures. How hard can that be?


28 posted on 03/22/2010 4:08:17 PM PDT by Hawthorn
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To: Publius
Not that I want to criticize, but the term "Constitutional Convention" is incorrect. Article V only speaks of "a convention for proposing amendments," and that is a far cry from a genuine constitutional convention.

So because Article V didn't say "Constitutional Convention" that's not the correct name? Even if you are correct, the average person will refer to it by that name. How about we call a "Type 2 Constitutional Convention" (Type 1 being for a complete rewrite)?

29 posted on 03/22/2010 4:15:58 PM PDT by Repeal 16-17 (Let me know when the Shooting starts.)
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To: Hawthorn

Excellent, because 38 is the “magic number” of states than can compel Congress to call a constitutional convention!


Douchebag Axelrod was just bitching on FNC about how all the AGs were Republican.


30 posted on 03/22/2010 4:21:10 PM PDT by txhurl
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To: Repeal 16-17; Congressman Billybob
The reason people use the term "constitutional convention" is because the MSM uses the term, which only goes to show the ignorance of the average journalist. Regrettably, I've seen Judge Napolitano use it, which grates on me.

Because the 1787 Convention actually wrote a new document, there is a belief that another convention would have the same powers, which it would not. A lot of people fear the states assembling in convention, either because they fear a runaway convention, or because they fear a brand new constitution on the Soviet model. Neither are permissable, either under Article V or the 1992 law.

I have to credit Congressman Billybob for giving me an education on concepts such as black letter law and the principle of agency, which are critical in understanding the limited powers of a Convention for Proposing Amendments.

BTW, I believe that the states are so angry that we could see 34 states petition for a convention to address some facet of the relationship between state and federal governments. The trick is for the state legislatures to work together to write identical language for the petitions, lest Congress use slight differences in language to say that the petitions were not on the same subject.

Back in the Eighties, it was a Texas state senator who educated state legislatures on the possibility of ratifying Madison's 1789 amendment proposal to get it belatedly into the Constitution. I would hope that some enterprising state legislator or state attorney general would enter upon a similar effort of education for a possible convention.

31 posted on 03/22/2010 4:28:33 PM PDT by Publius (The prudent man sees the evil and hides himself; the simple pass on and are punished.)
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To: Publius
We can call it an "Article V Convention". Just out of curiosity, what do you consider to be a "Constitutional Convention"?

As for the substance of your last post, the States should start planning on calling an Article V Convention in case the Supreme Court yields to the Liberal Messiah.

32 posted on 03/22/2010 4:41:06 PM PDT by Repeal 16-17 (Let me know when the Shooting starts.)
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To: TC Builders

If 38 states can pass a law, why can’t the same 38 ask for a constitutional amendment banning federal interference in health care insurance?


33 posted on 03/22/2010 4:43:23 PM PDT by CharacterCounts (November 4, 2008 - the day America drank the Kool-Aid)
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To: CharacterCounts

38 states can not only “ask” for an amendment, they can ratify it and make it the law of the land.

That said, I’d settle for 34. That’s what it takes to start a CC and introduce amendments. If they DON’T put any expiration dates in them, it’s only a matter of time until there are 38 ratifications. Then it’s game over for the Communists.


34 posted on 03/22/2010 4:45:37 PM PDT by Windcatcher (Obama is a COMMUNIST and the MSM is is armband-wearing propaganda machine.)
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To: Repeal 16-17
I think of a constitutional convention as one that assembles to write a constitution. Period.

As far as the states petitioning Congress for a convention to address amendments regarding the federal-state relationship, Judge Napitolitano pointed out -- correctly -- that this option would work only if the states were careful in the language used in their petitions. The judge was referring to getting the 16th Amendment repealed, and he was pointing out the risk of writing too general a petition and how it could backfire.

If the states actually amass the critical 34 to force Congress to call an Article V Convention, special elections would be held to elect delegates, and I would hope that FReepers would be the first to file their nominating petitions. I would intend to run for the position of convention delegate in the 1st District of Washington, and if I'm up against 50 liberal nominees, I might actually get to go.

35 posted on 03/22/2010 4:48:17 PM PDT by Publius (The prudent man sees the evil and hides himself; the simple pass on and are punished.)
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To: Hawthorn

I didn’t think of that. If it happens, this could REALLY get interesting.


36 posted on 03/22/2010 5:25:35 PM PDT by abigailsmybaby ( I'm not going to buy my kids an encyclopedia. Let them walk to school like I did. Yogi Berra)
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To: All

Health Care Nullification Legislation

http://www.tenthamendmentcenter.com/nullification/health-care/


37 posted on 03/22/2010 11:41:08 PM PDT by sheikdetailfeather (Patriots Are On The Move)
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To: sheikdetailfeather
There is a story about a method for catching monkeys. They use a cage with a banana. The bars on the cage are wide enough apart to allow a hand to go in between them, but when the monkey grasps the banana, his fist is too large to pass back out. He will not let go of the banana. His own greed eventually traps him.

Medicaid/MediCal is a federal program. It is not one authorized by a specific enumerated federal power in the US Constitution. Under what is termed the federal "spending power" to "lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States...," Congress has the ability to "fix the terms on which it shall disburse federal money to the States..."

In New York v. United States 505 US 144 (1992), the Court declared: "...'Congress may attach conditions on the receipt of federal funds.' South Dakota v. Dole, 483 U. S., at 206. Such conditions must (among other requirements) bear some relationship to the purpose of the federal spending, id., at 207-208, and n. 3; otherwise, of course, the spending power could render academic the Constitution's other grants and limits of federal authority. Where the recipient of federal funds is a State, as is not unusual today, the conditions attached to the funds by Congress may influence a State's legislative choices. See Kaden, Politics, Money, and State Sovereignty: The Judicial Role, 79 Colum. L. Rev. 847, 874-881 (1979). Dole was one such case: The Court found no constitutional flaw in a federal statute directing the Secretary of Transportation to withhold federal highway funds from States failing to adopt Congress' choice of a minimum drinking age. Similar examples abound. See, e. g., Fullilove v. Klutznick, 448 U.S. 448, 478-480 (1980); Massachusetts v. United States, 435 U.S. 444, 461-462 (1978); Lau v. Nichols, 414 U.S. 563, 568-569 (1974); Oklahoma v. Civil Service Comm'n, 330 U.S. 127, 142-144 (1947)." and .."if a State's citizens view federal policy as sufficiently contrary to local interests, they may elect to decline a federal grant..."

Under "cooperative federalism," the states may craft their own program as long as it meets minimum federal standards. As Governor Schwarzeneggar recently discovered in court when he tried to cut back on the federal IHSS (In Home Support Services) program, he cannot cut the program beyond the minimum standards set by the feds, but he can eliminate it all together.

The question is, whether the states have the courage to let go of the banana by declining to participate in the federal Medicaid program.

38 posted on 03/23/2010 12:59:44 AM PDT by marsh2
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To: tobyhill

Add Colorado to the list:

http://cbs4denver.com/local/Attorney.General.join.2.1581122.html


39 posted on 03/23/2010 1:14:34 AM PDT by BigSkyFreeper ("Ked Tennedy would have been plowed... I mean, proud today..." - Senator Max Baucus (Drunk-MT))
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To: Windcatcher

Wouldn’t it be great if there was a legislative body who, rather than being elected directly, was appointed to represent the interests of the states? Oh wait, there was.

I think this idea of nullification by the states would last until the Fed Govt started cutting highway funds, school money, or free lunches. Then all the states would jump back in line. States are firmly attached to the teat of Big Govt too.


40 posted on 03/23/2010 1:14:44 AM PDT by TN4Liberty (My tagline disappeared so this is my new one.)
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To: tobyhill

BTTT

dang - OF COURSE Ohio is not on list


41 posted on 03/23/2010 7:22:16 AM PDT by DollyCali (Don't tell God how big your storm is...Tell the storm how big your God is!)
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To: tobyhill

I’m so annoyed. Now our Governor - after saying he supported getting involved in the lawsuits - is waffling. Now he says, “We don’t want to get involved in a frivolus lawsuit” . . . what a wimp. He’s up for re-election too.


42 posted on 03/25/2010 3:20:08 PM PDT by ninergold3 (Danny Tarkanian - US Senate (tark2010.org))
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