14 states already?

uptownlivin90

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Attorneys general from South Carolina, Nebraska, Texas, Utah, Louisiana, Alabama, Michigan, Colorado, Pennsylvania, Washington, Idaho and South Dakota joined Florida in the suit.

Virginia filed a separate suit in federal court in Richmond because it has a state statute on the books worded specifically to block such a mandate.
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?
 
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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.
 
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uptownlivin90

uptownlivin90

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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.
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.
 

goldcatt

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

ihopehefails

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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
 

lawbuff

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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
 
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jillian

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

no state can nullify a federal law.

now run along and play, nutbar
 

jillian

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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.
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.
 

WillowTree

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

no state can nullify a federal law.

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

WillowTree

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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.
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.
I doubt very seriously the AG of 39 states indulge in "histronics" They do have law degrees do they knot? :eusa_angel: Please tell us that those who have law degrees do not engage in histronics just for the sake of engaging?
 

SFC Ollie

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Add Ohio to the list only so far they are going a different route.

The Ohio Liberty Council, a statewide coalition of 25 grassroots groups, says it is proposing a state constitutional amendment that would allow Ohioans to choose their health care coverage.

The group said the legislation is too far-reaching and they hope to block it from changing Ohio laws, 10TV's Cara Connelly reported.

The Ohio Liberty Council started a petition drive to get an amendment on the ballot that would prohibit any law from requiring people to buy health insurance.

State Coalition Aims To Block Health Bill | WBNS-10TV, Central Ohio News
 

WillowTree

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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"
The "mandate" is actually an income tax. And no, a state cannot opt out of federal income taxes.
so we now are required to pay our "taxes" to private insurance companies?? and the gov. has not taken over said insurance""" how does this work exactly?
 

goldcatt

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Just skimming this I see three claims: 10th Amendment sovereignty, unfunded mandate and I'll have to read through the direct tax count to see where they're going with it. The first two look very similar to the argument against unfunded mandates in general, and that failed. Abysmally. I'm not as familiar with the third.
 

Annie

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I hope this works, but in any case the groundwork is primed for state called constitutional amendment change convention. It would be good to see the states flexing their power.
 

WillowTree

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where did thymn with all the answers go? :confused:
 

SFC Ollie

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[ame=http://www.youtube.com/watch?v=Dc_-L4fyLUo]YouTube - Ray Stevens - We The People - RayStevens.com[/ame]
 

Zoom-boing

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How is the mandate an income tax? How can they mandate that you buy something from a private entity? If you don't purchase insurance aren't they fining you? Or are they passing that off as a tax?
 

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