Attorneys general sue over health care bill; Thomas More Law Center files its own suit
Just seven minutes after President Barack Obama signed the landmark health care overhaul into law on Tuesday, attorneys general from Michigan and 12 other states sued the federal government, claiming it is unconstitutional.
In Ann Arbor, the Thomas More Law Center, a Christian legal advocacy group, filed its own lawsuit on behalf of itself and four people it says don't have private health insurance and object to being told they have to purchase it.
The multistate lawsuit was filed in Pensacola after the Democratic president signed the 10-year, $938 billion bill the House passed on 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.
The Thomas More Law Center filed its suit in federal court in Detroit. The center said it alleges that Congress had no authority to pass the law and that Congress violated the 10th Amendment by usurping the power reserved for the states and the people.
At the heart of all of these lawsuits is the point that in no time in the history of the United States has Congress decided to force individuals to purchase a commercial product under the penalty of law, said Robert Muise, senior trial counsel at the center.
"Really this is a challenge to the power of the federal government and I think this is a case and an issue that the Supreme Court will decide because this is a fundamental issue of how broad the federal goverment's powers are," Muise said.
The center's lawsuit also alleges the law forces private citizens to fund abortion, and that doing so violates the First Amendment. "This bill is going to be used to use public funds forced from private individuals to fund abortion," he said.
Groups who oppose abortion have differed in their opinions over what the health care bill's impact would be. Those who oppose it, including the United States Conference of Catholic Bishops, have said it did not go far enough to limit the use of federal subsidies to pay for insurance policies that cover abortion, according to an article in the New York Times.
Florida Attorney General Bill McCollum is taking the lead on the multistate lawsuit 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, a Democrat.
Some states are considering separate lawsuits - Virginia filed its own Tuesday - and still others may join the multistate suit.
McCollum, who is running for governor, argues the bill will cause "substantial harm and financial burden" to the states.
The lawsuit claims the bill violates the 10th Amendment, which says the federal government has no authority beyond the powers granted to it under the Constitution, by forcing the states to carry out its provisions but not reimbursing them for the costs.
It also says the states can't afford the new law. Using Florida as an example, the lawsuit says the overhaul will add almost 1.3 million people to the state's Medicaid rolls and cost the state an additional $150 million in 2014, growing to $1 billion a year by 2019.
"We simply cannot afford to do the things in this bill that we're mandated to do," McCollum said at a press conference after filing the suit. He said the Medicaid expansion in Florida will cost $1.6 billion.
"That's not possible or practical to do in our state," he said. "It's not realistic, it's not right, and it's very, very wrong."
South Carolina Attorney General Henry McMaster, who is also running for governor, said the lawsuit was necessary to protect his state's sovereignty.
"A legal challenge by the states appears to be the only hope of protecting the American people from this unprecedented attack on our system of government," he said.
But Lawrence Friedman, a professor who teaches constitutional law at the New England School of Law in Boston, said before the suit was filed that it has little chance of success. He said he can't imagine a scenario where a judge would stop implementation of the health care bill.
Still, McCollum said he expects the U.S. Supreme Court will eventually decide if the overhaul is constitutional.
"This is not lawful," he said. "It may have passed Congress, but there are three branches of government."
Some states are looking at other ways to avoid participating. Virginia and Idaho have passed legislation aimed at blocking requirements in the bill, and the Republican-led Legislature in Florida is trying to put a constitutional amendment on the ballot to ask voters to exempt the state from the federal law's requirements. At least 60 percent of voters would have to approve.
Under the bill, starting in six months, health insurance companies would be required to keep young adults as beneficiaries on their parents' plans until they turn 26, and companies would no longer be allowed to deny coverage to sick children.
Other changes would not kick in until 2014.
That's when most Americans will for the first time be required to carry health insurance - either through an employer or government program or by buying it themselves. Those who refuse will face tax penalties.
"This is the first time in American history where American citizens will be forced to buy a particular good or service," said Nebraska Attorney General Jon Bruning, who is also president of the National Association of Attorneys General, explaining why his state joined the lawsuit.
Tax credits to help pay for premiums also will start flowing to middle-class working families with incomes up to $88,000 a year, and Medicaid will be expanded to cover more low-income people.
No Republicans in the U.S. House or Senate voted for the bill.
Associated Press Writer Meg Kinnard in Columbia, S.C., David Runk in Detroit and Josh Funk in Omaha, Neb., contributed to this report. Tina Reed contributed to this report.
Comments
elcak
Thu, Mar 25, 2010 : 7:20 a.m.
@Gribble - This is hardly specious. Enough of the condescending demeanor. You're legal interpretation is not absolute and there is a legitimate constitutional argument. It is succinctly stated below within the Washtingpost excerpt: "These challenges are not frivolous. The states argue that the individual mandate -- forcing individuals to purchase health insurance -- stretches and distorts Congress's constitutional power "to regulate Commerce... among the several states." A person who declines to buy insurance is not engaged in interstate commerce and should therefore lie beyond the reach of Congress, they say. This contrasts, in two ways, with a consumer who is forced to buy car insurance. First, states have power to regulate activities within their borders that the Constitution does not grant the federal government. Second, a consumer must choose to enter the car market; only then does a state place a condition on that choice by requiring insurance. If the courts acknowledge the legitimacy of the individual mandate, the states argue, the federal government's power to order purchases of other products or services -- or any number of other directives -- would be unlimited."
yadabuster
Wed, Mar 24, 2010 : 6:39 p.m.
YES WE DID!!! The President officially thanks all of you for helping him bring to you health care now so that you can extend your life long enough to be a extra miserable P.I.T.A to your children and grandkids while you watch them struggle without it or social security to payoff the 14 trillion dollar bill we hung them with. I am suspecting senior abuse will climb dramatically over the next 25 years. Oh and Biden added " you all screwed those kids F&^%*$G big!"
Technojunkie
Wed, Mar 24, 2010 : 2:20 p.m.
@Gribble: Because the government confiscates the money they "give" to you from other people BY FORCE, because they're mandating what your insurance should cover beyond what you may wish to pay for, because your life is even more in Big Brother's hands now, and if you don't like it you'd better have the money to travel to one of the growing foreign medical tourism spots (Costa Rica, etc). Ask independent doctors what they think of Medicare and Medicaid reimbursement rates and consider what will happen to the number of people choosing to go to med school when the entire health care system is under Federal price control.
Technojunkie
Wed, Mar 24, 2010 : 1:27 p.m.
@glynda: Yes. Worst case, if states insist on passing tyrannical laws you can move to a more-free state. It's a powerful check on government power. There's really no where left to run to when the Federal government runs amok. Not saying that mandating car insurance is tyranny, just illustrating the point. This is why the progressive reinterpretation of the ICC is so dangerous: it lets the Federal government do damn near anything. Just because you like some of the things they've done with that power doesn't make it any less dangerous. It's why the Federal government was a tiny fraction of its current size before FDR. Like all governments, good luck getting them to relinquish the power they've accumulated. Just don't be naive and assume that the political appointees who make up the Supreme Court will follow the Founder's original intent. Or make correct decisions at all. Just look at Dred Scott.
glynda
Wed, Mar 24, 2010 : 10:42 a.m.
Aren't most of us already required to buy auto insurance? What's with all the uproar over a similar mandate for health insurance? Is it just because it's a federal (and not a state) mandate?
cinnabar7071
Wed, Mar 24, 2010 : 9:10 a.m.
"What gives Mr. Cox the right to file a lawsuit on my behalf?" I guess it would same rights that Obama is using to pass healthcare on my behalf.
Technojunkie
Wed, Mar 24, 2010 : 7:44 a.m.
@Gribble: that farcical interpretation of the commerce clause that FDR strongarmed the Supreme Court into going along with should be overturned. Of course, that would make Socialist Security and Medicare unconstitutional too. To make these three programs (SS, Medicare, Obamacare) legal would require constitutional amendments for each, just like the federal income tax. It could be done but it's so much easier to have a "living constitution" that means whatever the Left wants it to mean. Returning to the original intent of the commerce clause would mean the federal government losing a tremendous amount of power so I don't expect it will happen. The federal government will keep growing until it collapses the economy. At the rate the Democrats are going it shouldn't take much longer.
dennisd49
Wed, Mar 24, 2010 : 7:07 a.m.
Looks like the fight is still going on along Party Lines. What gives Mr. Cox the right to file a lawsuit on my behalf? He can't possibly understand how this law affects anybody in this State so quickly...Politics as usual! Would he be doing this if he wasn't running for Governor?
Jackietreehorn
Tue, Mar 23, 2010 : 5:58 p.m.
Any individuals who will enjoy this new taxpayer-funded health insurance should be prohibited from smoking, tested for illegal drugs, prohibited from eating fast food, and forced to exercise. I figure if I can be forced to pay to insure all these folks, they can be forced to take some positive steps toward mainting their own health. OK people, let me have it!!!!! And yes, I know that people experience health problems that are no fault of their own. To be fair though, just as many health problems are caused by smoking, poor diet, and inactivity. These are personal choices and the accountability for any health consequences should fall on that person.
Jon Saalberg
Tue, Mar 23, 2010 : 5:01 p.m.
Legal experts say it has little chance of succeeding because, under the Constitution, federal laws trump state laws.I listened to NPR this morning and even conservative scholars say such suits are a waste of time. Please call and email Mike Cox and tell him that such efforts embarrass our state and point to at least one good reason why he should not be considered a legitimate choice for governor.
kmgeb2000
Tue, Mar 23, 2010 : 2:14 p.m.
Just think if they actually used there respective energies to create a better bill.... instead of doing anything and everything to obstruct the process. Next step universal/single payer health care, like the rest of the industrialized WORLD. Not socialism, just decant health care for your fellow citizens. So much for the whole unalienable Rights bit, you know - Life, Liberty and the Pursuit of Happiness. Tell me how any of these can happen with say a $250,000 medical bill for a pacemaker without some form of health insurance (mind you only one procedure - I read my fathers statement following the procedure)?