Florida AG Bill McCollum Plans Fight Against Health Care Reform
CBS 4
Mar 22, 2010
As Democrats in Congress celebrated their victory for health care reform Sunday night, Republicans across the country immediately began assembling plans to try and fight the bill from the state level. Florida Attorney General Bill McCollum could be one of the leaders of the fight as he has pledged to sue the federal government over the provision in the health care reform bill that mandates citizens to purchase health care insurance.
McCollum's staff told CBS4.com's Tim Kephart that the mandate to purchase health care insurance essentially was a "living" tax. In other words, McCollum's claim was that it's unconstitutional for the government to mandate you purchase health insurance just because you're alive.
When asked to compare mandating citizens buy auto insurance versus being forced to buy health insurance, the attorney general's office said the comparison was like "apples and oranges." McCollum's staff claimed that you have a choice not to buy auto insurance or drive. However, you have no choice on buying health insurance, because if you're alive and don't buy it you get fined. On the same hand, if you drive and don't have insurance, you would also get fined.
According to Attorney General McMollum, "The U.S. Constitution grants no authority to Congress to compel citizens to purchase health insurance when those citizens choose not to enter the health care market." McCollum continued saying "Congress lacks Commerce Clause authority to enact the individual mandate."
The commerce clause references Article I, Section 8, Clause 3 of the United States Constitution. It states, "[The Congress shall have power] To regulate Commerce with foreign nations, and among the several states, and with the Indian tribes.
Supreme Court cases as recent as 2000 have dealt with the commerce clause. In United States vs. Morrison, the Court reversed the Violence Against Women Act saying Congress lacked authority to enact it because it did not involve economic or interstate activity. This could make for an interesting legal battle because health care does involve both economic and interstate activity; the question would be whether the Court would wants to step into the fight.
McCollum also claimed the individual mandate would render the Tenth Amendment to the Constitution "meaningless."
The tenth amendment reads, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." However, the Supreme Court has a mixed history of dealing with Tenth Amendment issues.
South Carolina attorney general Henry McMaster said he expects other attorneys general to join in the lawsuit. He and other GOP members at the state level have denounced the legislation. Originally, McMaster said he wanted to challenge an exemption that would keep Nebraska from paying for Medicaid costs. It was a provision inserted for Nebraska Senator Ben Nelson and quickly became known as the "Cornhusker Kickback."
However, the House bill's addendum removed the Cornhusker Kickback and other provisions. McMaster and McCollum also pledged to fight "deem and pass" if the House used the procedural maneuver. But, the House carried out a traditional vote late Sunday night rendering the "deem and pass" controversy moot.
Both McMaster and McCollum are running for the Republican gubernatorial nomination in their states.
In addition to McCollum's plan of attack, the Florida legislature has sent a constitutional amendment to committee that would allow Floridians to opt out of the federal health care reform plan. The battle would need 60 percent voter approval if it makes it on to the November ballot.
SOURCE:
http://cbs4.com/local/health.reform....2.1580028.html
Originally Posted by bobbyw24
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