Health Care Lawsuit: States To Sue Over Health Care Bill
Florida, Texas, Pennsylvania, Washington among States who will sue federal government over health care bill.
A group of states will be filing a health care lawsuit, taking the federal government to court over the constitutionality of the health care bill that passed the House vote on Sunday.
The moves by the various Attorneys Generals in Republican controlled states is a clear that the fight over the health care bill is far from over in fact it is merely shifted stages from the legislature to the courts.
Ten of the attorneys general plan to band together in a collective lawsuit on behalf of Alabama, Florida, Nebraska, North Dakota, Pennsylvania, South Carolina, South Dakota, Texas, Utah and Washington.
"To protect all Texans' constitutional rights, preserve the constitutional framework intended by our nation's founders, and defend our state from further infringement by the federal government, the State of Texas and other states will legally challenge the federal health care legislation," said Texas Attorney General Greg Abbott, in a statement.
The Republican attorney generals say the reforms infringe on state powers under the U.S. Constitution's Bill of Rights.
Meanwhile, there is a flurry of other activity at the state level designed to challenge the federal health care bill. Virginia is filing a motion in a Richmond court saying the federal government does not have the constitutional right to enforce the health care bill. Dozens of other states are either considering legislation or determining if existing legislation is sufficient enough to challenge the Obama health care bill.
At least three dozen state legislatures are considering proposals to challenge the federal legislation. Some are pursuing amendments to their constitutions by ballot question; others are looking to change state law.
Idaho Gov. C.L. "Butch" Otter recently became the first governor to sign state legislation requiring the state attorney general to sue the federal government over the mandatory coverage clause.
In total about 36 state legislatures will likely take some sort of action against the health care bill and about 26 are considering holding vote to amending their state constitutions. Constitutional experts say it is unclear how successful any of these measures will be as health care is a federal power.