Thoughts, essays, and writings on Liberty. Written by the heirs of Patrick Henry.

“If our fathers, in 1776, had acknowledged the principle that a majority had the right to rule the minority, we should never have become a nation; for they were in a small minority, as compared with those who claimed the right to rule over them.”     Lysander Spooner

March 23, 2010

Thirteen States File Suit Against ObamaCare

by Doug Mataconis

Well, that didn’t take long:

TALLAHASSEE, Fla. — Attorneys general from 13 states sued the federal government Tuesday, claiming the landmark health care overhaul bill is unconstitutional just seven minutes after President Barack Obama signed it into law.

The lawsuit was filed in Pensacola after the Democratic president signed the bill the House passed Sunday night.

“The Constitution nowhere authorizes the United States to mandate, either directly or under threat of penalty, that all citizens and legal residents have qualifying health care coverage,” the lawsuit says.

Legal experts say it has little chance of succeeding because, under the Constitution, federal laws trump state laws.

Florida Attorney General Bill McCollum is taking the lead and is joined by attorneys general from South Carolina, Nebraska, Texas, Michigan, Utah, Pennsylvania, Alabama, South Dakota, Idaho, Washington, Colorado and Louisiana. All are Republicans except James “Buddy” Caldwell of Louisiana, who is a Democrat.

Some states are considering separate lawsuits and still others may join the multistate suit.

I assume we will hear that Ken Cuccinelli has filed suit in the Eastern District of Virginia before the day is out.

As I’ve said, I am not optimistic about the ultimate outcome in these cases, but it will be interesting to watch them proceed through the system.

Here is the pleading itself:

Attorneys General suit on health care

Update: Make that fourteen states, Ken Cuccinelli has filed suit on behalf of the Commonwealth of Virginia.

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5 Comments

  1. The outcome is not as important, one might reason, as it is to exhaust this means of redress by law. It needs to be clear to the people that law has failed so that political redress will be urgently sought. That failing… is not a thing we should wish to see.

    Comment by Walter — March 23, 2010 @ 10:32 am
  2. Which other states are considering suits? Is Arizona one of them?

    Comment by john b — March 23, 2010 @ 10:46 am
  3. [...] Utah, Louisiana, Alabama, Michigan, Colorado, Pennsylvania, Washington, Idaho, and South Dakota. http://www.thelibertypapers.org/2010…nst-obamacare/ __________________ "Whoever said the pen is mightier than the sword obviously never [...]

    Pingback by States Begin Strategic Attack Against Obamacare - Page 5 - Political Forum — March 23, 2010 @ 5:26 pm
  4. [...] commenting on Doug’s post about legal challenges to the health care bill: The outcome is not as [...]

    Pingback by The Liberty Papers »Blog Archive » Comment Of The Day — March 23, 2010 @ 8:02 pm
  5. [...] hurt to get out of the car or off of the couch to  join with fellow Americans and states’ Attorneys General in the pushback against this abominable legislation, [...]

    Pingback by Wanna Know What Obamacare Portends? Just Ask a Veteran. | Parcbench — March 26, 2010 @ 2:16 am

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