Wednesday, March 24, 2010

"This Is What Change Looks Like" And AsG File Suit

I had planned on writing something totally different today (ACORN - I promise, I'll get to it. "Tomorrow's another day," and all that.). But then I received this courtesy of my buddy, Logistics Monster:

That really says it all, doesn't it?

Uh yeah. And it is just that kind of callous disregard for the Constitution of the United States that has prompted the Attorney General of my state, SC, Henry McMaster, along with 12 other states (VA is filing separately), to file suit in federal court claiming the Health Care Law as it stands is un-Constitutional:
[snip] S.C. Attorney General Henry McMaster, who also is running for governor, said the lawsuit was necessary to protect his state's sovereignty.

"A legal challenge by the states appears to be the only hope of protecting the American people from this unprecedented attack on our system of government," he said.

The lawsuit, filed in Pensacola, asks a judge to declare the bill unconstitutional because "the Constitution nowhere authorizes the United States to mandate, either directly or under threat of penalty, that all citizens and legal residents have qualifying health care coverage."

Robert Sedler, a constitutional law professor at Wayne State University in Detroit, said the effort isn't going anywhere. "This is pure, pure political posturing and they have to know it," he said.

Bruce Jacob, a constitutional law professor at Stetson University in Florida, said the suit seems like a political ploy and is unlikely to succeed.

"The federal government certainly can compel people to pay taxes, can compel people to join the Army,"he said.

Some states are considering separate lawsuits -- Virginia filed its own Tuesday -- and others, including Missouri, may join the multistate suit. Still others are looking at other ways to avoid participating, like passing legislation to block requirements in the bill.

McCollum predicted his suit would eventually end up before the U.S. Supreme Court.
Covering the politics of the Lowcountry, South Carolina and the Nation.

The health care bill "is not lawful," he said. "It may have passed Congress, but there are three branches of government."

The lawsuit claims the bill violates the 10th Amendment, which states that the federal government has no authority beyond the powers granted to it under the Constitution, by forcing the states to carry out its provisions but not reimbursing them for the costs.

It will certainly be interesting to see how this plays out in the courts. These 14 states are not the only ones considering filing suit. There are many more states (24)preparing legislation related to the Law, too. I assume that the following quote from Senator Dingell might just give some ammunition to these State Attorneys General (h/t to HARP at NQ) in their pursuits on our behalf:

Holy smokes - did he just say "control the people"??? Gosh, I don't think of Americans as the kind of people who like for their government to "control" them. I would think the Attorneys General might just find that kind of philosophy of our Congresspeople helpful in proving their case.

Rep. Steve King from Iowa nails it in the video below when he calls attention to the "dependency class" this law will create, as well as highlighting that there is no Constitutional authority for this law:

Americans ARE unique people, and many of us believe in the continuing to reach even greater heights. Consequently, the majority of us will not stand for the "Legislative theft of personal liberty and economic freedom" that this law will necessarily entail. Rep. King said it, "Give people their liberty." Amen to that.


Mary Ellen said...

I love that picture of Obama, it's perfect. I'll be so happy when I can post political posts again...Lent is almost over!

Did you happen to see Chris Matthews talking to one of the AG's yesteday? I caught just a little bit of it (my blood pressure was beginning to rise so I shut it off),but Chris was using the analogy that went something like, "If a black guy walks into a coffee shop and wants coffee but is turned down because he's black, isn't it important to have laws that force someone to give him coffee?" The AG (can't remember which one) looked stunned. He said, that we already have laws that say that and then Chris jumped in and said, "Well, than mandated laws are important, aren't they?"

The only thing he was doing was trying to imply that if you fight against the mandate laws in the bill or the bill itself, that makes you a racist. Why else would he bring in the analogy of refusing a black man a cup of coffee?

I really really hate this new Democratic Party!

Rabble Rouser Reverend Amy said...

Hey, ME -

I know, right? I don't know where LM got it, but I am SO glad she sent it to me!

Good grief, ME - that would have made my blood pressure go up, too. But you nailed it - that is the NEW Democratic Party. They ram a bill down our throats with so many hidden treasures it will be some time until we find out the extent of it. Like the big loophole abt kids and pre-existing conditions. Or seniors and meds. Or the "civilian security force" - yes, it's in there - in the HEALTH CARE bill, along with all of the student loan stuff.

Someone at NQ mentioned that the Dems in WA are trying to figure out how to DEFUND the AG's office. I am NOT kidding you!

WTH, Mary Ellen??

I can't wait for Lent to be over, too, so you can get back to the political posts! Ahem. I mean, because I know Easter holds a lot of meaning, and... :-D

But yes, everything is abt racism now. Like David Schuster going after some AA Tea Party guy, asking abt how bad it is that Obama is pictured as Hitler, and the Joker, and...And the guy he was interviewing said that ALL presidents go through stuff like that, that Bush was often portrayed as Hitler, as well as monkeys, and on and on. Amazingly, people like Chris and David (two of MSNBC's Sexist Pigs) don't see how racist THEY are being by treating Obama SO differently because he is biracial. Just sayin'.

I don't know when the Dems became the way they are now - I have to believe they weren't always this way, you know?

Anywho - thanks for the great comment!

Mary Ellen said...

Or the "civilian security force" - yes, it's in there - in the HEALTH CARE bill,

What???? I had no idea that was in there! What does it say about that? My gosh, this just gets worse the more I hear about it!

Rabble Rouser Reverend Amy said...

Yes, indeed - check out this link:

Several NQ readers have actually been reading this bill, and one found this actual passage in the bill itself with a link (but it's a PDF format). Yep, it's in there...

Mary Ellen said...

Holy crap!

(D) be available for service assignment in isolated, hardship, and medically underserved communities (as defined in section 399SS) to improve access to health services.

Bingo..there ya go. With this bill, they KNOW that there will not be enough health care workers to handle the influx of people and they are going to force this new army reserve to cater to their health needs? Sounds to me that our National Guard will never be what it was intended again because they need them to fight all those useless wars in the Middle East.

Do you know what this is going to do? It's going to keep more people from joining the service because they can be called up any time, even if they are no longer in the reserve corps. It's like being in the mafia, once you're in, you stay in.

The next step with be the requirement for ALL Americans from the age of 17 to be forced into a service agreement for this new "Ready Reserve Guard. It will be their way of starting up a new "draft" without using the word "draft". Because you know it won't be long after that, that they will require this new "Ready Reserve Guard" to serve overseas at war, just like they did to the National Guard.

The only reason they are saying now that they will only be used to "medically underserved communities" is so they could sneak it into this bill. That will soon evolve into much more, just watch...and it will be stuck in another humongous bill that no one will have the chance to read until after it's passed.

Rabble Rouser Reverend Amy said...

Mary Ellen, I couldn't have said it better myself. They did mention recently having people step in to help with healthcare who lost their jobs (so, would a plumber be an ob/gyn, or a proctologist??). Now we know how they are going to do it.

This is some scary, scary shit. ME...

Mary Ellen said...

Well, I'm wondering how long it will be before my insurance company decides for me that I don't need a heart specialist or a endocrinologist for my healthcare because Joe Schmoe who used to work at Walmart will be able to step in and take care of my needs.

Rabble Rouser Reverend Amy said...

Mary Ellen, that's just it - we already know there is a shortage of doctors in this country, and a number said they would retire if this bill went through. Soooooo....Your next colonoscopy will be performed by a former WalMart Greeter!

Welcome to Obamacare!