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States Challenge Federal Government In Court Over Healthcare Reform

August 12, 2010 by  

States challenge federal government in court over healthcare reform Several states and a small business lobby group have mounted a legal challenge to the Federal government in Florida, demanding that the court hear their case against healthcare overhaul.

The National Federation of Independent Business and states, including Alaska, Arizona, Colorado, Michigan, Pennsylvania, Texas and Utah, are responding to the Justice Department’s June motion to dismiss their lawsuit on the grounds that the district court in Florida has no jurisdiction on the matter, according to The Associated Press (AP).

The lawsuit claims that the individual mandate to buy health insurance would impose significant burdens on small businesses and infringe upon constitutional liberties of individual Americans.

“The Federal government does not have the authority to regulate an individual’s decision to do [anything],” said Karen Harned, executive director of the Small Business Legal Center of the National Federation of Independent Business, quoted by the news source.

She added that “if they did, then they could force us to purchase any product they want."

The healthcare reform bill passed and was signed into law by President Obama last March. Although many of its provisions don’t come into full effect until 2014, numerous states across the nation have filed lawsuits claiming it is unconstitutional.ADNFCR-1961-ID-19922422-ADNFCR

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  • s c

    When a world is sane, no government has the right to do whatever it wants. In an insane world, a government can do anything it wants, and its citizens be damned. Herr Obummer seems obsessed with shoving a dictatorial and completely insane government down our throats.
    Let him think what he wants, but if he intends to prove that he has the clout, leverage OR the constitutional authority to do as he pleases, then he can take his chances on the consequences. This is NOT a designer government. It is NOT a government by fiat.
    Some people are doomed to learn that the hard way. Sobeit.

    • 45caliber

      What is the difference between a dictator who issues an order all are expected to follow and a president who issues a bill that is to be passed without anyone seeing it?

    • EddieW

      The world is certainly insane…or at least the US portion of it…new evils coming down the pike every day, and will until Nov…if…we can change thing by then…if not…we are beyond hope!!!The evils will escalate so rapidly, we can’t even begin to fight them!! Just like what they are trying to do to our constitution…attack from every possible angle…win a few at a time!! then go after more… God! I pray we can change this mess!!

  • J.M.R.

    i got an idea take every page of it and shove it down the libs throat

  • don

    States rights are being trampled. I think its time for civil disobedience. Washington lives off our taxes. Quit paying taxes except to the state. The states should do what is needed to protect us. Let Washington sue – if we don’t like the outcome, ignore it. This will require Washington to put US troops in every town and state in America. I don’t think even the idiotic Dems will want to do that.

    • kate8

      don, this is what I’ve been saying all along, regarding this and all legislation that is unconstitutional. REFUSE TO COMPLY.

      We need to, en masse, learn about maritime law, how to come out from under the jurisdiction of this fake, superimposed system, and shut them down.

      There is info out there on how to do this. It involves claiming our personal sovereignty as a “natural human” and not a corporate “name”, rejecting the maritime law and so forth.

      I’m not real clear on it either. I’ve read through it. It would be great if there were people who understood it well who would be willing to form groups and give instruction on how to throw out this system and go back to our Constitutional Republic. It is still there, the elites know this and claim its jurisdiction (why do you think they don’t follow the same laws they foist on us).

      We perish for lack of interest.

    • 45caliber

      don:
      You have to have state backing to refuse to pay taxes to the feds.

      That is the only real reason I liked Bush as governor. The EPA came up with some auto emission standards that even new cars couldn’t meet. He closed their check points down until they could come up with something that might work. They threatened to have all federal money coming to Texas stopped; he told them if they did, he’d padlock the IRS collection office in Austin. They backed down.

  • http://Ann Anna Papazian

    Since the administration now sees that they could lose in court they
    are now justifying it as a tax. They denyed it at the start but now
    see that they must change their story because the Supreme Court would
    not allow them to force americans to buy anything. This administration is really a joke but they are not very funny.

    • Raggs

      Regardless of what they call it, it is still unconsitutional!
      The government does not have the right to make anyone buy anything period!

      Keep your eyes open because the next step will be the government ran option to force people in it or face jail.

      All I can say is that they will not force me in anything…

      • kate8

        As long as we, as a nation, continue to submit to maritime law out of ignorance, this government will continue to run roughshod wover We the People.

        • kate8

          over.

        • 45caliber

          kate:

          In 1933 FDR called a special meeting of Congress. One of the things they did amazed me. They declared war on the American people – and then surrendered to the US Navy.

          The Navy is the ONLY military group set up as a permanent force by the Constitution.

          By doing this all Americans are “prisoners of war” and therefore the government can do whatever is necessary to control them.

          • kate8

            45, That is sickening.

            I know that the military has the authority to conduct any type of warfare experiments on the American people without their knowledge or consent, and they do. Chemical, biological, etc.

            Maybe we need to declare war on them. There are many ways of doing this without arms.

          • http://?? Joe H.

            kate8,
            you want sick?? You remember Agent Orange(Dioxin) that they used as a defoliant in VietNam?? Well the railroad has been using it for decades on the tracks to keep the weeds down!!! Remember how you used to see a fire along the track, in the weeds? Now all the tracks are clear so you don’t see it!!! Wonder how much of it has gone into the lakes and streams??? I also remember people going along the tracks picking asparagus!!!

          • kate8

            JoeH, It is so interesting you say that about Agent Orange.

            Somewhere around a decade ago, I was doing some work with frineds who lived beside a railroad track in Idaho. We were working right next to the track.

            A slow-moving car went by as we were working, with several men spraying weed-killer as they passed. We were right there, yet they went ahead and sprayed us, too.

            I was pretty upset, and we were all feeling kind of sick for quite awhile. We called to find out what they used, but they wouldn’t tell us. They really didn’t seem to care much about it.

          • kate8

            Come to think of it, my friends also picked the wild asparagus.

      • kate8

        Okay, check this out. This is how we’ve all been duped into believing we have to obey whatever laws this government decides to foist on us.

        It’s time we all wake up!

        http://www.youtube.com/watch?v=z2zvhokVBRs&feature=related

        • kate8

          I’ll bet this is also why Obama refuses to confirm his birth.

          They don’t play by the same rules they impose on us. He doesn’t have to!

  • http://gmail i41

    Democrats would be just giddy for states to not have any right, unless approved by the curtain climbers in Washington. The marxist democrat party has beeen working for over a century to accomplish this goal. The biggest oxymoronic statement is a conservative democrat, when some one votes for a democrat, either they don’t read or understand how government control, destroys a country, state, county, or even every town. Democrats love to brag about being progressive and having libel spending ideas. Their idea is total control of every thing in their power zones and cordinated from Washington, and every transaction must be approved by a paper pusher, just like Russsia, China , or any dictator controlled country. Omoron has used his excetive orders too much along with his czars that are controlled by on Onumnutts!!!

    • 45caliber

      Federalism (i.e., the federal government making laws for the states to follow) was illegal until the Civil War. The Northern members of Congress insisted they had the right to make decisions governing states. The South said that they didn’t as that fell under states rights. The South left the Union and fought over it. When the North won it was established that the feds had control. And they have made a point of using it every since.

  • David in Ma.

    All this fuss about challenging the healthcare fiasco is nothing but smoke and mirrors and election time balonie.

    The states already have the ability, under the Constitution, to veto any legislation that is un-constitutional. I believe by placing it on their states ballot.

    • kate8

      David, what happens when they get some liberal, sell-out federal judge to, again, just throw out the Will of the People? Seems they do this as a matter of course anymore.

    • 45caliber

      David: That’s a new one to me. I’ve never heard of it before in any state I’ve lived in.

    • Smilee

      David

      Prop 8 in CA proves your wishful thinking is incorrect and just plain wrong, the US Constitution is the supreme law of the land and trumps all else

      • http://naver Samurai

        That’s true smilee, but we are winning this battle. Virginia and Missouri have won victories in the courts against it. The federal judge in Virginia ruled that Virginia has a case, due to the fact that Osamacare has many constitutional issues. By the way, the judge in California didn’t make that decision by stating the Constitution. The judge was found to be gay and should have recused himself from the case, as is required. “A good leader doesn’t allow his personal feelings an/or beliefs to interfere with his good judgement at any time.” This judge did. The news in this mornings paper is that the decision made has been put on hold for now. The people are probably doing things the right way and have appealed his decision. Your “messiah” is starting to lose his grip on this country. FOR GOD AND COUNTRY!

        • Smilee

          Your entitled to your own opinions but you cannot create your own facts as you have about both these cases. the judge on prop 8 said it was unconstitutional under the 14th amendment and not as you say, other courts have found the same and those judges were not gay, how does your little pea brain explain that??

          • http://naver Samurai

            You raelly need to get off of the kool aid. No one amendment trumps another as they are equal in level. If they do, then the first 10 Amendments would be the more important ones and trump all others, moron! The 14th Amendment has nothing to do in these cases. I don’t know what planet you are getting your facts from, but you should update them. The 10th Amendment is the one in play here as Osamacare is forcing people to buy this product. It is also forcing the states to enforce it by levelling fine, penalties, etc., on people who don’t want it. Sorry, dude but in this case the 10th Amendment wins out.

      • kate8

        Smilee, I don’t think YOU understand the Constitution.

        It was written to protect the people from the government. Government was given certain enumerated powers, and was limited to those specific issues. Anything else was left to the states.

        The Constitution was not written to favor the government, but the people. And we the people were supposed to make sure they didn’t reach beyond their very strict limits.

        But we became lazy an apathetic, and government began twisting and extracting “penumbrums” that aren’t there, in order to sidestep all limits to their power.

        Now were in big trouble.

        • Smilee

          You are still one confused woman, people are gay not governments and this is the rights of the gay people not governments. The fourteen amendment prohibits both Congress and the states from making laws that discriminate and this is what this case is about and not government, this is about one group of people denying another group their Constitutional rights and and the 14th amendment then trumps the 10th.

          • http://naver Samurai

            Here we go again! Frownlee, the 14th Amendment was written primarily to give and protect the rights of former slaves just freed after the Civil War. Sorry also, but the gay community isn’t an officially recognized group by the government. Different races, religions, nationalities, yes, this is true, but being gay is chosing to live a sexually perverted lifestyle and against the ways that God has set things up. You talk about their rights? Don’t they already have the right to vote? How about petition, speech, religion, press, bear arms, etc? They already have rights under the Constitution, so what is your point, you pea brained, kool aid drinking, lib, commie, coward, and traitor? They can marry whomever they please as long as it is a person of the opposite sex. Enough said, moron! FOR GOD AND COUNTRY! Remember fellow patriots, vote them out in November and push for impeachment!

  • Mary Hope

    Virginia has been working on laws that protect her citizens so that they do not have to abide by the “insurance tax”.

    • Smilee

      In the end they wuill have to, this is just political grandsstanding and very expensive wasteful spending of taxpayer dollars

      • http://naver Samurai

        Yes, you’re right for once. This Osamacare is a waste of 2 trillion dollars of taxpayer money! Thanks for coming to the right side and not the dark side, frownlee! FOR GOD AND COUNTRY!

        • Smilee

          We were talking about the lawsuit itself and not the law dummy!!

          • http://naver Samurai

            Are you high on liberal crack again? The lawsuit and the law may be different items, but they are closely related in this matter. The lawsuit deals with the Osamacare program and it being forved on the people. My mother is on social security and she doesn’t even want this program because it is too big. She also is kind of fiesty about someone telling her what she has to do or not. Well, you are right about Constitutional issues in this case. The judge in Virginia suled for Virginia because it violates the 10th Amendment and has other Constitutional issues attached to it. Sorry frownlee, but Obama bin Ladens’ socialist policies are starting to lose their grip and we patriots are starting to win the fight. If you remember your history right, we weren’t doing so well when the Revolution started, but it took us 5 years to win it. We didn’t really start winning the majority of the battles till after 1 – 3 years timeframe. Well guess what, it has been 2 years since that fool came into office. Could this same timeframe be a coincidence? Don’t think so! FOR GOD AND COUNTRY!

  • 45caliber

    I offer them lots of luck and will pray for their success as well – but I won’t hold my breath until they are successful.

  • http://mog7@cox.net06042CT James Francis

    INCUMBENTS OUT THE DOOR COME NOVEMBER. HANG ON TO THAT. BUT….make sure of the folks you do vote in. An unsuccessful attempt was made to
    brand the Tea Party Movement as RACIST. Don’t put it past them to put up a false person who will lure your vote but when getting in there, betray us all. Don’t get discouraged. There are signs of resurging
    patriotism all around. IF NO COURT WILL AGREE TO HEAR THE COMPLAINT ABOUT OBAMACARE, then the STATE should make a statement straight to the White House that their State has REPEALED obamacare as unconstitutional. Many States are on the bandwagon and should push ahead. Gay Marriage cannot be allowed in Society, which must be held to an inflexible standard or will open Pandora’s Box. Short of an official marriage, if a State wishes to allow “rights” that is the most that can safely be considered. SOCIETY MUST RETAIN THE DEFINITION OF MARRIAGE AS BETWEEN ONE MAN AND ONE WOMAN, or the entire society will be corrupted to suit anyone’s fancy. For the good of the future of Society, it CANNOT redefine marriage. CANNOT. People must act responsibly and NOT BUDGE ON THE DEFINITION OF MARRIAGE OF BEING BETWEEN ONE MAN AND ONE WOMAN. BEWARE making this error, which would be
    more than TRAGIC for the future of humanity. This decision is not open for discussion. Not political. IT IS THE LAW OF NATURE. NATURE WILL NOT BE CHANGED. No human can do it. This is a very serious matter.

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