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Eleven states to challange mandate in court

30ashopper avatar
SoWal Insider
1,441 views
At the center of the controversy is the bill's inclusion of a federal mandate requiring all Americans to purchase health insurance or face penalties. Opponents say this measure stretches Congress?s constitutional power to ?regulate commerce ? among the several states? beyond any meaningful limits on federal authority. They say Congress is authorized to regulate behavior to protect public safety or welfare, but federal lawmakers overstep the constitutional limits of their power when they begin ordering Americans to purchase certain products.

?With this law, the federal government will force citizens to buy health insurance, claiming it has the authority to do so because of its power to regulate interstate commerce,? Cuccinelli said. ?We contend that if a person decides not to buy health insurance, that person ? by definition ? is not engaging in commerce, and therefore, is not subject to a federal mandate.?

The Virginia attorney general added: ?Just being alive is not interstate commerce. If it were, there would be no limit to the US Constitution?s commerce clause and to Congress?s authority to regulate everything we do.?

In addition to challenging the individual mandate to buy health insurance, opponents had threatened to sue to block favorable concessions to the states of Nebraska and Louisiana that were designed to entice senators from those states to vote in favor of the healthcare bill.

Attorneys general in 11 states poised to challenge healthcare bill / The Christian Science Monitor - CSMonitor.com

We knew this was coming. It'll be interesting to see what happens. I honestly don't know how the SC will interpret the mandate. The commerce clause has been used and abused many times, even by more conservative courts concerning marijuana legalization laws. Time will tell, we have a full four years to work toward a final ruling.

FYI - The state of Florida is one of the states launching a challenge.

Replies

37
Banned
#27
My 14 year old niece was recently explaining how her Social Studies class was discussing "your" representatives. She had this odd perspective that "your" representatives are also everyone else's representatives because "we" are all Americans?? Silly kids. I was also going to ask her what she would do if someone was so ignorant as to call her or her friends a bad word - because there is always at least one in every crowd?? But I know her and her parents too well - she would have given me the same ole turn the other cheek and don't dwell in the gutter with the trash, etc... Silly kids. Shocking how "our" political system has evolved into current status


Read it again and try not to put your spin on it. I said "our" representatives. Our as in you, me, the American people, geez.
Andy A avatar
Beach Fanatic
#28
Read it again and try not to put your spin on it. I said "our" representatives. Our as in you, me, the American people, geez.
You see, this is just part of the problem that many do not understand and another reason why we need term limits. If you call a represenative or senator's office and express an opinion, it is ignored in many cases because you are not a "constituent". I am an American citizen and when they vote on ANY piece of legistation, it affects me. For them to ignore me because I don't live in and vote in their district and, yet, vote on an issue that affects everyone nationally, is to ignore the opinions of all, both constituents and other citizens calling to voice their opinions and concerns. Just another thing wrong with our system as it stands today. We no longer have national representative government, we have government of small individual districts...at least in the house.
Arkiehawg avatar
Beach Fanatic
#29
We no longer have national representative government, we have government of small individual districts...at least in the house.

Can you tell me when representatives would respond to anyone outside of their district in the past? This isn't anything new. It has been that way all of my adult years.... Government has been about catering to your constituents forever. Look back into history and you will see the majority of reps and senators have always tried to push their personal agenda to help their constituents regardless of the effect on the majority of Americans....
scooterbug44 avatar
SoWal Expert
#30
Who has to show ID when spending cash? Where and when? I have never been asked, nor have I ever heard of this practice.

Unless you are buying something that has restrictions on it so you need identification - like a plane ticket, alcohol, prescription meds etc. you do not need to show ID to pay cash! :roll:
Bob avatar
SoWal Insider
#32
Attorneys general in 11 states poised to challenge healthcare bill / The Christian Science Monitor - CSMonitor.com

We knew this was coming. It'll be interesting to see what happens. I honestly don't know how the SC will interpret the mandate. The commerce clause has been used and abused many times, even by more conservative courts concerning marijuana legalization laws. Time will tell, we have a full four years to work toward a final ruling.

FYI - The state of Florida is one of the states launching a challenge.
not the state of florida, but this uber republican governor wannabee with a napoleon complex
Lynnie avatar
SoWal Insider
#33
GA is one of the states filing suit.
Banned
#34
You see, this is just part of the problem that many do not understand and another reason why we need term limits. If you call a represenative or senator's office and express an opinion, it is ignored in many cases because you are not a "constituent". I am an American citizen and when they vote on ANY piece of legistation, it affects me. For them to ignore me because I don't live in and vote in their district and, yet, vote on an issue that affects everyone nationally, is to ignore the opinions of all, both constituents and other citizens calling to voice their opinions and concerns. Just another thing wrong with our system as it stands today. We no longer have national representative government, we have government of small individual districts...at least in the house.

They may not want to take your call but they think they know the opinions, this is why pollsters are multi-millionaires.
Beach Fanatic
#35
[
If states win their argument and the public mandate is deemed unconstitutional, then the Democrats will have a stronger argument for the public option or Medicare for all.

So when those states go ahead with their suits, then in a supremely ironic development, you might see the private insurance companies filing amicus briefs on behalf of the government to keep the public mandate alive.

I saw this in one of the comment forums I was reading...interesting. I would sure like to see the Republican Party put as much energy into offering up something positive, as they are putting into negative positions and action. Are there no conservative people who need health care improved?
30ashopper avatar
SoWal InsiderAuthor
#36
[

I saw this in one of the comment forums I was reading...interesting. I would sure like to see the Republican Party put as much energy into offering up something positive, as they are putting into negative positions and action. Are there no conservative people who need health care improved?

It's only a challange to the national mandate, not the overall bill. I think this is a valid question to ask and should be brought to the SC for a ruling.

I wouldn't be surprised by the insurance industry siding with democrats, forcing million of healthy people onto their books is a great way to make lots of $$!
Matt J avatar
SWGB
#37
You see, this is just part of the problem that many do not understand and another reason why we need term limits. If you call a represenative or senator's office and express an opinion, it is ignored in many cases because you are not a "constituent". I am an American citizen and when they vote on ANY piece of legistation, it affects me. For them to ignore me because I don't live in and vote in their district and, yet, vote on an issue that affects everyone nationally, is to ignore the opinions of all, both constituents and other citizens calling to voice their opinions and concerns. Just another thing wrong with our system as it stands today. We no longer have national representative government, we have government of small individual districts...at least in the house.

They are called representatives because they represent the interests of the people who live and vote in their allotted area. That's civics 101. :roll:
Matt J avatar
SWGB
#38
Who has to show ID when spending cash? Where and when? I have never been asked, nor have I ever heard of this practice.

I have, I bought a car from a dealership for cash and had to show my ID. Anything over $10,000 requires proper ID and the IRS. It's to stop money laundering and organized crime.

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