Idaho and Virginia to sue the federal government over healthcare mandates
Legislation is now pending in 37 states to file lawsuits against the federal government over the healthcare reform bill if and when it becomes law. Idaho has become the first state to officially declare it will file a lawsuit over the healthcare mandates that are sure to be included in the bill, and Virginia has now followed suit.
Idaho’s lawsuit will be aimed at the mandate that all Americans will be required to purchase health insurance, while Virginia hasn’t made it official exactly what they will sue over, although the state has already passed a bill declaring it illegal for the federal government to mandate to the American people that they must buy health insurance. It seems likely that that is what the lawsuit will be filed against, but “deem and pass” is also a possible target in my opinion.
As the first article I linked to above states, constitutional lawyers think that the lawsuits are mostly symbolic because federal law trumps state law, and that may be true, but they do serve as a litmus test as to how far the Obama administration and the Democrats in congress have strayed from not only the will of the American people, but also how far they have strayed from the executives of the different states. Anybody in the Democrat party from the president on down who feels that this issue will fade away once the bill is signed into law is sadly mistaken.
The president has divided the American people, the governors of the states, and the Democrat party itself even more so than it was under the Bush administration, while as a candidate he campaigned on the hope of bringing the people together after the Bush administration drove us apart.
This is change we can believe in?













It is true Mr Pink Eyes that usually Federal Law trumpts State Law, however when an individual bring sue and it gets into the federal court system it will be a matter of individual rights enumerated in the Bill of Rights agaist those mandates in ObamaCare—that would be interesting should it get to the high court.
On a person note, I’ve been visiting your site now for almost two years. I first started blogging from a commericial site I had with a blog attached “Penny Patch”, later I dropped that site. When I first started to visit you had a “wordpress.com” as best I recall. I have enjoyed you short to the point personal observations and thank you for your insights and effort.
LikeLike
It will be very interesting to see what happens if this makes it to the Supreme Court, I have a feeling that we are going to be in for many months of legal battles if this ever gets signed.
Thanks for the compliments Ron, and yes I did have a wordpress.com address until not all that long ago. My blog is still hosted by wordpress, I just bought the domain name, I never liked the other one.
LikeLike
I like the idea of multiple lawsuits. This thing could be blocked for years…assuming they try the Slaughter solution and claim it is actually law-which it would not be in my opinion.
LikeLike
It appears that there will be many constitutional challenges to this if it is signed, this issue could be around for many months while the Democrats had hoped it would be gone already.
LikeLike
PinkEyes – Your title mentions Iowa, but I’m sure you meant Idaho. I live in Iowa and with all the nut bar Democrats here they welcome the health care reform.
LikeLike
You are right, I apologize and have corrected it. I am sorry to hear about your fellow Iowans, keep up the fight!
LikeLike
I would like to opt out of the American dream. I will send my metals from my military service back to congress. I demand that the government send me the money or tickets to relocate to a free country of my choice. Passage of this bill is a declaration of War! I now must be relocated to a free Nation for I am now In a repressive nation with no rights and I will fight with all means at my disposal to restore my Nation and Constitution. All branches are guilty of Treason on the people. I have declared my declaration of War against all three branches. This is one of my GOD given rights and wish to know whether I should join the east or west in the civil war to follow. My question is this is Idaho going to secede from the Rotted Union? The speakers move paloser to march across the bridge with her hammer to make it clear the people are not INCHARGE! Someone should take that hammer and beat her with it!
LikeLike
@JimSometimes
I certainly appreciate the feeling that you have put into this! I am from Idaho, I am proud of my state, and how we are standing up against the federal government taking away our rights. That said, I must also say that I doubt we will secede from the union, no matter how much we joke about it, talk seriously about it, or anything else. In the 1860’s, we had a little war called the War Between The States, or the Civil War. That war was NOT, as is popularly thought, it was NOT about Slavery, but about states rights. About the federal government taking for itself responsibilities not granted it by the Constitution, and becoming ever larger, overstepping it’s bounds. The Federal Government continues to overstep it’s bounds, but this time, I say we simply stand up and make THE CITIZENS voice heard, and make Washington listen to us. Allow me to quote our Declaration of Independence:
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.”
I say we work to alter the federal government, make it do only what it was designed by our founding fathers to do: To Provide for the National Defense, To regulate Interstate and international trade, and to levy taxes to support itself. If that is all it does, don’t you think we could cut down slightly(understatement) on our federal taxes? Don’t you think that individual states could better handle things like education, jobs, caring for the poor(not lazy people, those who CAN’T work), etc?
To conclude, I agree with your sentiment, but I don’t believe accusing the government of treason and declaring war is the answer to our problem. Let’s not withdraw, let’s be MORE involved. That’s what it will take to alter our government.
Isaiah J Roberts
——————-
http://www.isaiahjroberts.com
blog.isaiahjroberts.com
tumblr.isaiahjroberts.com
——————————
LikeLike
Great comment, Isaiah. The more we withdraw from the process, the worse it is going to get.
LikeLike
Very well said!
LikeLike
Thank you!
My elder brother has always planned on being a politician, I think he wanted to be president since he was 8. He has kept his eye on that goal, and is steadily working toward it.
For a long time, I thought that it would be fine to simply allow him to go on into that arena, and I would concentrate on my writing and (hopefully) teaching. But I cannot simply stand by and hope that more men like my brother will go into the government to clean it up. So, the past week, I myself have been seriously debating changing my current plans to allow me to go work on the government. I am confident that our Nation needs more action on the part of it’s citizens. I want to become a state legislator, being a part of my state government, standing up for my beliefs, and I pray, bringing a little common sense back to this fine nation.
Isaiah J Roberts
——————
http://www.isaiahjroberts.com
http://blog.isaiahjroberts.com
http://tumblr.isaiahjroberts.com
————————————
LikeLike
Good for you and your brother! It is great to see ordinary citizens beginning to stand up and fight back against what is going on. I wish both you and your brother good luck in whatever you both decide to do.
LikeLike