States Argue New Healthcare Bill Is Unconstitutional
March 26th, 10Should the government be allowed to force Americans to buy health insurance? More than a dozen states are saying no. Attorneys General from 13 states filed suit in a northern Florida federal court saying that mandating individuals to buy health insurance should not be permitted. Virginia filed a separate complaint as Virginia law states, “No resident of this Commonwealth … shall be required to obtain or maintain a policy of individual insurance coverage.” This statute gives Attorney General Ken Cuccinelli the ability to challenge the federal law since it immediately conflicts with state law. The 13 other states are claiming that if the federal government is allowed to force the purchase of health insurance, then they would be allowed to mandate the purchase of an unlimited number of other products or services. Those involved in the suit are:
- Florida
- South Carolina
- Nebraska
- Texas
- Michigan
- Utah
- Pennsylvania
- Alabama
- South Dakota
- Louisiana
- Idaho
- Washington
- Colorado
But whether or not the states have a case is also up for debate. Roger Pilon, Vice President for Legal Affairs at the Cato Institute told the Arena Digest he believes they do. “Do the 13 state attorneys general have a case against the health care bill? Absolutely. It will be an uphill battle, because modern “constitutional law” is so far removed from the Constitution, but a win is not impossible. There are three main arguments. First, under the Constitution, properly interpreted, Congress has no power to enact such a plan. Second, the plan conscripts state governments into carrying out and paying for federal mandates. Third, the individual mandate amounts to an unlawful capitation or direct tax.” But Theda Skocpol, a professor at Harvard University disagrees. “This is all just pot-banging for political purposes. Even the most ridiculous judges won’t buy this. The key indicator is no case law cited in the filings,” says Skocpol.
