Skip to content

13 Attorneys General will file a constitutionality lawsuit against the healthcare reform bill

December 30, 2009

  According to this article, 13 attorneys general have written a letter to Nancy Pelosi and Harry Reid stating that they will file a lawsuit challenging the constitutionality of the healthcare reform bill.

  I think that the focus of this lawsuit is on the wrong clause in the healthcare reform bill; the attorneys general claim that they will challenge the constitutionality of Ben Nelson’s $100 million kickback that ensures Nebraska will never have to pay any increased costs in Medicare. If the Nebraska provision is dropped they will not go forward with their challenge.

  The article never states what clause in the constitution they are going to base their case on but as far as I can tell it would probably be based on the part of Article 1 Section 8 which reads,” all Duties, Imposts and Excises shall be uniform throughout the United States.” The attorneys general would argue that Nebraska’s exemption from increased Medicare taxes would be a violation of the “uniform” clause in the constitution.

  Again, this is just a guess, maybe they have something else in mind. I don’t think that there will be much of a case here, is what Ben Nelson secured for his state that much different from the other pork barrel projects that go into all bills? I don’t think so.

  I think that the attorneys general should focus their attention on the healthcare mandates. That would be a better argument in my opinion. Even if they do win the case based on this issue, the rest of the healthcare reform bill will remain intact, including the mandates.

  Perhaps this lawsuit would just be an opening salvo, if this challenge fails perhaps more challenges will follow, with the mandates being next on the list.

  At least I hope so.

Add to FacebookAdd to DiggAdd to Del.icio.usAdd to StumbleuponAdd to RedditAdd to BlinklistAdd to TwitterAdd to TechnoratiAdd to Yahoo BuzzAdd to Newsvine

10 Comments leave one →
  1. LD Jackson permalink
    December 31, 2009 6:40 am

    I think this letter and threatened legal action may be the first result of the outrage that has been seen over the sweetheart deal Senator Nelson negotiated for Nebraska. Maybe they can start from here and work their way forward.


  2. December 31, 2009 7:37 am

    Great minds they say…

    I took on this same issue today, but I addressed WHY, if they are going after Ben Nelson, why not go after the buyout of Mary Landrieu as well…


  3. Deb permalink
    December 31, 2009 6:04 pm

    I heard that some of them were trying to get elected to higher office in their states, so this is why they will file the lawsuit. Congress doesn’t give a rat’s patootie about the Constituttion!


    • January 2, 2010 8:36 pm

      I heard that also, it is just an attempt to marginalize the people who are looking to uphold the constitution.


  4. January 2, 2010 6:35 am

    If they can strike down one deal, then a precedent would be set. They can go after all of them.


  5. Mary Conner permalink
    January 5, 2010 8:32 am

    I would like to join the lawsuit and I bet millions of other Americans would too.


Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: