Virginia, Idaho will sue federal government over ObamaCare

March 17, 2010
By 9 comments

I guess Virginia AG Ken Cuccinelli didn’t listen to Obama’s latest lecture on health care.

The Washington Post: A spokesman for Virginia Attorney General Ken Cuccinelli II (R) said this afternoon that Virginia will file suit against the federal government if the Democratic health care reform bill is approved by the U.S. Congress.

Cuccinelli has long said he was examining the legal issues and suggested he would likely file suit. Brian Gottstein, a spokesman for the office, said this afternoon that a lawsuit is now a definite. Gottstein would provide no details of the legal rationale for such a suit, indicating the process is “still being worked out.”

Virginia last week became the first state in the country to pass a state bill declaring it illegal for the government to require individuals to purchase health insurance, a key part of bills under consideration on Capitol Hill.

We are also expecting to receive a letter shortly that Cuccinelli is sending to House Speaker Nancy Pelosi (D-Calif.) warning her that using the so-called “deem and pass” procedure to pass the Senate health reform bill in the House would open the measure to additional constitutional challenges from the states.

The above link has the text of the letter Cuccinelli sent to Nancy Pelosi.

Idaho isn’t taking this lying down, either.

AP: Idaho took the lead in a growing, nationwide fight against health care overhaul Wednesday when its governor became the first to sign a measure requiring the state attorney general to sue the federal government if residents are forced to buy health insurance.

Similar legislation is pending in 37 other states.

Constitutional law experts say the movement is mostly symbolic because federal laws supersede those of the states.

We’ll just have to see about that now, won’t we?

(Via Weasel Zippers)

vaso link

9 Responses to Virginia, Idaho will sue federal government over ObamaCare

  1. amnn marie gibbs on March 17, 2010 at 9:38 pm

    i think we should all sue the govt, this health care bill is completely out of hand. im a registered nurse in arkansas and its frightening what this bill will do to our health care and our country. god help us , we wont even recognize this country in a few years if washington continues down this road to destruction, destoying our constitution and our rights.

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    • Itchibee on March 18, 2010 at 2:08 pm

      Amen! Americans do not want this bill and if they pass it we need to file charges against them; they are destroying this country!

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  2. Stephanie Siegman on March 19, 2010 at 8:30 pm

    Finally! Someone is taking serious action against Obama’s health care bill- it really is so absurd- don’t they realize that the majority of people don’t want it? Way to go Idaho and Virginia (and the other states)I hope they can make a difference!

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  3. nita hollander on March 19, 2010 at 9:17 pm

    You go right ahead and sue these disgraceful democrats for failing to stand up and speak for the American majority who say NO to Obamacare…and get rid of all of them, Obama, Biden, Pelosi and Ried. They don’t belong in any office, such a disgrace, all of them

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  4. [...] Lonely Conservative [...]

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  5. Iceberg on March 22, 2010 at 7:46 am

    Whoever wrote the AP story has apparently never read the Constitution, especially Article I, Section 8, and Amendment X of the Bill of Rights. I think it’s obvious, that by any objective judge, this bill will not, and cannot stand.

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  6. Buddy Glass on March 22, 2010 at 8:00 am

    Tell me if I’m wrong, but I was under the impression that individuals/groups cannot sue the federal government unless it allows them to (and in this one other act that deals with mistreatment of government employees; but even this act was passed by Congress, and thus is essentially a form of suing that is allowed by the federal government).

    If you give it a second of thought, even the idea of suing a sovereign state appears ridiculous. If the government had to fight the lawsuits of every individual who disagreed with each move it made, it would be constantly marred and bogged down in paper work and wouldn’t be able to carry out its function. That’s why no countries allow it.

    We have the constitutionally endowed rights to exercise our authority formally by voting, and informally by expressing our opinions and beliefs in the hopes that public opinion is swayed. Further, the constitution restrains the government by the checks and balances on the federal level and the state level (and the way in which this federalist system checks itself). Unfortunately for these state governors and legislatures, however, the constitution does not allow for the federal government to be sued.

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  7. Stephen on March 22, 2010 at 11:27 am

    More of the same from the Federal Government. Has anybody seriously considered recall of their Senators or Representatives? I say we get the ball rolling in that direction.

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  8. Michelle on March 22, 2010 at 12:17 pm

    Absolutely Stephen! I definitely agree. And I think we will see that in November just as we did in Massachusetts.

    Is there anything else that the American people can do besides voting everyone out of office?

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