Why 19 states are suing to Overturn the Health Care Bill
Obama's government controlled health care is an unprecedented federal government over-reach into the lives of individuals. And it's a federal power-grab as evidenced by the 18 states filing suit on Constitutional grounds.
State Lawsuits Against Obama Care
State lawsuits oppose ObamaCare because it infringes on states' rights under the U.S. Constitution by requiring state residents to purchase health care insurance.
States argue that the interstate commerce clause of the Constitution does not give the federal government the power to regulate when interstate commerce is not taking place. In other words, if a person is not buying insurance, the person is not engaging in commerce.
Florida Attorney General Bill McCollum announced that Indiana, North Dakota, Mississippi, Nevada and Arizona will join his state and South Carolina, Nebraska, Texas, Utah, Louisiana, Alabama, Colorado, Michigan, Pennsylvania, Washington, Idaho and South Dakota in trying to stop the bill in court. Virginia has filed a separate suit because at the time the other states filed suit, Virginia was in the unique position of having already passed a bill prohibiting a mandate to purchase insurance.
State Legislative Action to Stop Government Controlled Health Care
According to the National Conference of State Legislatures (NCSL), at least 36 state legislatures are now using the legislative process "to limit, alter, or oppose selected state or federal actions, including single-payer provisions and mandates that would require purchase of insurance."
Twenty-six states have proposed amendments to their state constitutions that would ban the individual mandate requirement. Thirteen other states are moving to block the individual mandate by altering state statutes rather than amending their state constitutions, the NCSL reports.
In addition to the lawsuits filed by 19 State Attorneys General, many State Legislatures are also taking action.
Idaho and Virginia have already enacted legislation to prevent federal mandates requiring residents to purchase health insurance.
Utah passed the legislation to prohibit any agency of the state from implementing any part of federal health care reform without the state legislature "specifically authorizing the state's compliance or participation in, federal health care reform."
Arizona's measure orders that "no law or rule shall compel any person or employer to participate in any health care system." It has passed both houses of the Arizona legislature, but cannot become law until citizens approve it. It will be on the ballot in the November 2010 elections.
The following states have filed formal resolutions or bills:
According to the bipartisan NCSL association, as of March the states filing formal resolutions or bills include: Alabama, Alaska, Arkansas, California, Colorado, Florida, Georgia, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Jersey, New Mexico, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Washington, West Virginia, Wisconsin and Wyoming.