Posted on 03/25/2010 1:57:55 PM PDT by Starman417
Ed Morrissey posts about the Wisconsin Attorney General asking for authorization to sue over ObamaCare today. The interesting part is the AG's take on the legal process and why he thinks suits will be successful:
Based on my preliminary review of the Act, I have concluded that a sufficient legal basis exists to contest the individual mandate to carry health insurance or pay a penalty under the Act. It is not clear that Congress has an enumerated power under Article 1 of the U.S. Constitution to impose this requirement on a citizen. Further, the tax imposed on a citizen for failure to carry such insurance may not comport with the requirement that any direct tax be apportioned among the states in accordance with Article 1, Sections 2 and 9 of the U.S. Constitution.In addition, I am very concerned that the Act upsets the proper balance of power between the federal government and the states that was envisioned by the Founders.
[snip]
In addition there are the group of 13 Attorney Generals who have filed suit in Florida (PDF here)
Then we have Georgia where the AG there refused to file suit....but hold your horses:
Read more at floppingaces.net...
Interesting. The second cause, tax not apportioned, is something that I had not thought of. Hope any all off of these suits work.
I wonder if the WI AG attacking more parts of the bill could get the whole thing tossed.
If the Supreme Court allows this mandate to stand then Congress can mandate to citizens anything and everything for the “common good!”
Not exactly what the Founding Fathers had in mind.
The AZ AG is hiding under the rug. Cowardly lib.
``I cannot in good conscience file a lawsuit against the United States that I believe has little or no chance of success and will undoubtedly consume significant state resources in a time of severe budgetary crisis,'' Baker wrote in a letter to the governor. Baker is seeking the Democratic nomination to succeed Perdue.
Doesn't have a viable legal claim?
Another apparatchik.
Hey, all you good people from Georgia, defeat this bozo Baker in November!
My question is why he thinks he needs approval to follow wishes of Wisconsin citizens.
In Wash. State, AG just did it to the chagrin of farout Dem governor and huge D majority legislature.
We will defeat Baker soundly.
I have wondered why no enterprising soul has suggested a class action suit by individuals against Big Brother about Zerocare.
I think that there would be millions of people joining the suit.
“Doesn’t have a viable legal claim?”
Try this Thurbert (snicker):
The Constitution proscribes specific ENUMERATED POWERS to the federal government. In other words, legal midget, if it ain’t listed, it is ILLEGAl for the federal government to do it.
That clear. That simple.
I believe that several individuals in Michigan have done that.
And how can they legally tax some and exempt others for political reasons?
I agree, but what clause of the Constitution or bill of rights is that in?
I think with this (apportionment of direct taxes) and the Commerce clause, the 10th Amendment (unfunded mandates and states rights) and the 13th Amendment (involuntary servitude).
Go States AG’s, GO!!!!!! ACLU too!!!!
Not ACLU but rather ACLJ!!!
Why should half the country have to pay for the other half who wants to be dependent on the government? It seems as if half the country wants to be independent and the other half wants to be dependent. The country is divided in half.
“In addition, I am very concerned that the Act upsets the proper balance of power between the federal government and the states that was envisioned by the Founders.”
Wow. When an official from a state like Wisconsin starts talking about states’ rights you know things are getting serious.
You can be sure the Demons have thought of it all, and it won't matter, in the end, the Supreme Court will provide the cover for Obama. We did not have an election in 08, we had a Coup d'état.
No standing, don'tcha know.
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