Posts Tagged - ‘attorney general’

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Indiana Joins Health Insurance Reform Lawsuit

Wednesday, March 31st, 2010

(Image: woody1778a under CC 3.0)

The list of state attorney generals suing over the individual mandate contained in the health insurance reform bill has now increased to 14. Indiana will now be included in the class action lawsuit.

The requirement that all residents of the state buy Indiana health insurance is unprecedented, according to the attorney general. He believes that its constitutionality should be examined by the Supreme Court. For awhile, he was wavering on his involvement in the lawsuit, but a report by Republican Senator Richard Lugar convinced him to pay closer attention.

How will these states, many of which are suffering from their own budget difficulties, pay the legal expenses? According to Indiana AG Greg Zoeller, the costs will be evenly split among the states. Like all but one of the attorney generals participating, he is a Republican.

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Some States Plan to Sue Over Health Care Bill

Tuesday, March 23rd, 2010

President Obama has signed the healthcare overahaul, but another hurdle lies ahead for it– litigation. Attorneys general in at least 12 states are preparing to challenge its constitutionality. One of them is Ken Cuccinelli, whose attorney general of Virginia.

Cuccinelli says the General Assembly of Virginia this year passed a statute that protects Virginia citizens from being mandated to buy health insurance. It passed on a bipartisan basis. And, of course, the federal health-care bill has a mandate to do just that. There’s a conflict between those laws. And while normally the supremacy clause leaves federal laws trumping, not when they are unconstitutional. And it is our position that the individual mandate is unconstitutionally overbroad under the commerce clause, that the Congress doesn’t have the power to impose this on individuals.

Experts believe it will be very unlikely for the Supreme Court to vote in favor of States because there are already mandates from Washington that we have to comply with medical insurance would just add another law to the list.

Cuccinelli and others argue those mandates are taxes and the healthcare penalty is a fine. They believe you can’t force people to buy a product from another.

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