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Medicaid News with
John Umphress

John Umphress has spent more than two decades researching and writing about public health policy and other topics within the public policy arena, covering advocacy organizations, state and local government agencies and the Texas Legislature.

AGs Sue to Overturn Healthcare Reform

Posted Administrator Account on 3/25/2010

Attorneys general of 13 states have filed suit challenging the constitutionality of the health care reform legislation passed this week. 

Filed in federal court of the Northern District of Florida just minutes after President Barack Obama signed the bill into the law, the suit seeks a finding that the measure is “unconstitutional and invades the sovereignty of the states," said Florida Attorney General Bill McCollum, who took the lead in bringing the action. 

The challenge to the reform bill hinges on the requirement that persons and employers be penalized for not being covered by health insurance.  The AGs maintain that under the Commerce Clause of the US Constitution, the federal government lacks the power to order persons to purchase a particular good or service.

Joining McCollum in the suit are the attorneys general from Alabama, Colorado, Louisiana, Idaho, Nebraska, Michigan, Pennsylvania, South Carolina, South Dakota, Texas, Utah and Washington.  Only one, Buddy Caldwell of Louisiana, is a Democrat. 

A separate lawsuit was filed by Virginia Attorney General Ken Cuccinelli. 

Legal experts and some elected Democratic officials say that the suits have little chance of success and were filed mostly for political purposes.  Since 1937, only two federal laws have been found to violate the Commerce Clause.

While some states will see their costs of providing Medicaid services increase, providing health care coverage to those currently uninsured could reduce the financial burden on local governments and providers caring for those lacking health insurance.

 

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