14 states already?

Discussion in 'Healthcare/Insurance/Govt Healthcare' started by uptownlivin90, Mar 23, 2010.

  1. uptownlivin90
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    uptownlivin90 Rebelious Youngin

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    States Launch Legal Challenge to Health Care Law - ABC News

    All the Attorney Generals filing suit (even in Michigan and Pennsylvania) are republican. I just read that Tim Pawlenty is trying to pressure the democratic attorney general there, and the same thing is going on in Nevada with the Dem Attorney general there.

    I'm personally against the mandate, I'm a registered democrat and like some of the reforms in the bill, the mandate I have a serious problem with and I support the challenges to the mandate.

    I've looked into it and the main issue states are beginning to file suit over is whether or not they can pass laws exempting their citizens from the "mandate", I personally think they should be able to, not sure about the logistics. I'm wonder how many more states will join this and whether or not there will be a few democratic attorney generals bold enough to join this, because there have been a few democratic governors who have openly criticized the "mandate" idea.

    Your thoughts?
     
  2. Baruch Menachem
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    Baruch Menachem '

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    While I am in agreement that this is unconstitutional, that hasn't stopped them before.

    At the top level, this is just political histrionics. It is, however, the only constitutional hook they can do anything about.

    They may be right, but given the wide latitude for unconstitutional behavior by the courts, I don't see it going anywhere.
     
  3. SpidermanTuba
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    SpidermanTuba BANNED

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    The "mandate" is actually an income tax. And no, a state cannot opt out of federal income taxes.
     
  4. uptownlivin90
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    uptownlivin90 Rebelious Youngin

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    Right. I personally think THAT SPECIFIC PART OF THE BILL is unconstitutional, being the federal health insurance mandate. I'm personally not sure what the courts will do about it, it'll be interesting to see what happens though.
     
  5. goldcatt
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    goldcatt Catch me if you can! Supporting Member

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    Yep, that's why the IRS is handling it. And that's all she wrote on the "mandate".

    I can't tell from the story in the link or any of the other media stories out there what their grounds are, other than claiming sovereignty under the 10th (which will fail) and that it is an unfunded mandate (which have already been found constitutional).

    I feel for the States, but I just don't see anything here they can challenge successfully. Mandates to spend Federal funding a certain way are one thing, States could opt out of taking the funds. But unfunded mandates were the back breaker for them, and thanks to most of the same people sitting on the bench now they are completely legal.
     
  6. ihopehefails
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    ihopehefails BANNED

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    What people fail to realize is that thirty-seven states have some kind of nullification bill in the oven. When those pass it will shut down this bill completely because nullilfication works simply because the federal government can't do anything without the state's cooperation. It is what shut down the REAL ID act in 06
     
  7. lawbuff
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    lawbuff Member

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    Here is the complaint, 3 Counts, one being a 10th AM concern. I found it on the Florida AG's web page.It is a Declaratory/Injunctive relief action.

    Attorney General Lawsuit
     
    Last edited: Mar 23, 2010
  8. jillian
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    jillian Princess Supporting Member

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    You need to stop the nullification garbage, oh braindead twit...

    no state can nullify a federal law.

    now run along and play, nutbar
     
  9. jillian
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    jillian Princess Supporting Member

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    it isn't unconstitutional behavior.

    and the lawsuits ARE histrionics. And you can, as you already see, expect one from every state where the state's gov and/or A.G. thinks its in his/her political interest to bring it.
     
  10. WillowTree
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    WillowTree Diamond Member

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    they can if the federal law is "deemed" unconstitutional.. so they nullify,, and the feds sue and we all go before the supreme court..
     

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