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Legal challenges to unfunded mandate of ObamaKare advanced now by 20individual states



 
 
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Old May 15th, 2010, 12:21 PM posted to alt.activism.death-penalty,uk.politics.misc,aus.politics,soc.retirement,rec.travel.europe
O'Donovan, PJ, Himself
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Default Legal challenges to unfunded mandate of ObamaKare advanced now by 20individual states

Legal challenges to unfunded mandate of ObamaKare advanced now by 20
individual states

http://preview.tinyurl.com/z135a10

Fri May 14, 2010 02:16 PM

Excerpts:

"...a bipartisan multi-state coalition – now including 20 states –
today took the next step to advance their challenge to the recently
enacted Patient Protection and Affordable Care Act (“Act”). An amended
complaint filed in federal district court reflects the addition of
seven more states to the original 13 state coalition: Indiana, North
Dakota, Mississippi, Nevada, Arizona, Georgia, and Alaska....

....Court documents filed by the states explain that the Act infringes
upon state sovereignty in violation of the Tenth Amendment and Article
I, Section 8 of the U.S. Constitution. As the amended legal challenge
explains, the new law – which will cost Texas taxpayers an estimated
$27 billion over a 10-year period – improperly forces states to spend
billions of additional dollars on taxpayer-funded social programs the
states cannot afford; unconstitutionally requires state agencies to
carry out initiatives for the federal government; improperly
commandeers state resources to implement federal regulatory
prerogatives; and interferes with the states’ abilities to govern
their relationships with their own state employees

“The new federal health care law violates the U.S. Constitution and
unconstitutionally infringes upon Texans’ individual liberties,”
Attorney General Abbott said. “Our nation’s founding fathers had the
wisdom to limit the federal government’s authority by specifically
enumerating the powers given to Congress – and Congress does not have
the authority to force individuals to buy a service from a private
insurance company as a condition of being a law-abiding American.”

Amended lawsuit filed by 20 state attorneys general...

The 20-state coalition, which includes Texas, Florida, South Carolina,
Nebraska, Pennsylvania, Louisiana, Washington, Colorado, Michigan,
Utah, Alabama, South Dakota, Idaho, Indiana, North Dakota,
Mississippi, Nevada, Arizona, Georgia and Alaska, filed its amended
complaint in the Federal District Court in the Northern District of
Florida. The original complaint, which was filed shortly after
President Barack Obama signed the bill into law, names the U.S.
Departments of Health and Human Services, Treasury and Labor as
defendants because those federal agencies are charged with
implementing the Act’s constitutionally impermissible
provisions......."

http://preview.tinyurl.com/z135b10

Related headline elsewhe

OPINION: POTOMAC WATCHMAY 14, 2010
The Democrats' Civil War
The Democratic primaries are generating nominees who are embracing, or
even going beyond, the president's unpopular agenda

"...This lurch toward liberal priorities coincides with polls showing
that the electorate— particularly independents—has shifted
significantly to the right since Mr. Obama took office. While some
Republican primaries are proving bloody, most are turning out
candidates largely in tune with today's public frustration with
Washington.

The Democratic primaries, by contrast, are generating nominees who are
embracing, or even going beyond, the president's unpopular agenda.
This is the feud that may have the bigger consequences for this fall's
midterms...."

source:

http://preview.tinyurl.com/z135c10

 




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