State Attorneys General Agree To File Constitutional Challenge To Obamacare Immediately

President Obama, making calls here on Sunday to wavering House Democrats, is about to face a multi-state lawsuit alleging that his signature initiative, Obamacare, is unconstitutional

In late breaking news this evening after the historic passage of Obamacare through the House of Representatives by Democrats over bipartisan opposition, many state attorneys general held a conference call in which it was decided that they would file a multi-state suit alleging the newly-passed Obamacare is unconstitutional immediately after President Barack Obama signs the act, which is expected on early next week.  Texas Attorney General Greg Abbott broke the news on his Facebook page:

Just got off the AG conference call. We agreed that a multi-state lawsuit would send the strongest signal. We plan to file the moment Obama signs the bill. I anticipate him signing it tomorrow. Check back for an update at that time. I will post a link to the lawsuit when it is filed. It will lay out why the bill is unconstitutional and tramples individual and states rights.

While the entire roster of claims regarding unconstitutionality is obviously unknown at this time, it appears that a central focus of the initial immediate filing (which will undoubtedly be amended several times) will be whether the individual mandate, which requires American citizens to purchase health insurance from private insurers, is a constitutional exercise of the federal government’s proscribed powers. Virginia Attorney General Ken Cuccinelli announced late Sunday night after the conference call that Virginia planned on joining the multi-state litigation against Obamacare:

Virginia will file suit against the federal government charging that the health-care reform legislation is unconstitutional, Virginia Attorney General Ken Cuccinelli’s office confirmed last night.

Cuccinelli is expected to argue that the bill, with its mandate that requires nearly every American to be insured by 2014, violates the commerce clause of the U.S. Constitution. The attorney general’s office will file suit once President Barack Obama signs the bill into law, which could occur early this week.

“At no time in our history has the government mandated its citizens buy a good or service,” Cuccinelli said in a statement last night.

Finally, Florida’s Attorney General Bill McCollum announced Florida would join the suit:

ORLANDO, FL — Moments after Congress voted to approve President Obama’s health care legislation, Florida’s Attorney General announced he will file a lawsuit to declare the bill unconstitutional.

Bill McCollum will join Attorneys General from South Carolina, Nebraska, Texas, Utah, Pennsylvania, Washington, North Dakota and South Dakota to file a lawsuit against the federal government.

“The health care reform legislation passed by the U. S. House of Representatives this evening clearly violates the U.S. Constitution and infringes on each state’s sovereignty,” McCollum said in a statement distributed late Sunday night.

“If the President signs this bill into law, we will file a lawsuit to protect the rights and the interests of American citizens.”

As noted above, many other states are also expected to join the multi-state litigation set to be filed this week as soon as President Obama signs the bill, originally passed on Christmas Eve 2009 by the Senate and today passed by the House. This matter will present the largest challenge in decades to the present jurisprudence on the Commerce Clause, which presently allows essentially unlimited federal government regulation of any economic activity. One key factor for the Court is state activism to oppose federal encroachment in any given area, and a total of 37 states may pass specific legislation to battle the Obamacare provision requiring all individuals to purchase health insurance:

BOISE, Idaho — 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.

This litigation will open a new chapter in the Obamacare battle in federal district court, where political fireworks are sure to ensue and a momentous decision is set to be made by the trial court and then, in all likelihood, the Supreme Court of the United States. President Obama may yet regret the recent public fights between him and Chief Justice John Roberts and Justice Samuel Alito (who Obama filibustered as a Senator), as the existing acrimony between the branches cannot be helpful for the President’s chances of avoiding a damaging Supreme Court ruling that his signature initiative is unconstitutional.

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AHFF Geoff

Part-time lawyer, journalist and poet, full time Renaissance

27 thoughts on “State Attorneys General Agree To File Constitutional Challenge To Obamacare Immediately”

  1. SCOTUS has this one in the bag. No doubt there are 5 votes on that court to slam the individual mandate. Can you say Lopez v. US? The court has been consistently narrowing the once-out-of-control legislating under the Commerce Clause that began with the New Deal. Can’t wait for Obama, Reid and Pelosi to suffer the embarrassment of the Supreme Court being the only branch of the government to do something commensurate with public opinion on this issue.

  2. Nullification is perfectly constitutional and may, ultimately, be the only way to stop grossly unconstitutional federal overreach. As a practical matter, the only way nullification can hold sway is if there are a sufficient number of states participating and IF they dig in their heels come what may. Widespread civil disobedience should be a parallel course to pursue. Failing this, the founders clearly entrusted “we the people” with the ultimate responsibility/duty to restore constitutional order. While I hope rebellion can be avoided, I love our constitutional underpinnings more. The Socialists are bringing on a civil clash they will surely regret. Let’s hope the litigation wars suffice. If not, bring it on.

  3. Where were the Texans when the world needed them to impeach their own, GW Busg for lying, war crimes, contributing and profiting from the war and increased gas prices, lying about being in an economic turmoil, and basically anything else under the sun. He built this debt and the US and tea party remained silence. Obama needs no defense.

  4. @TM

    Axelrod, is that you?


    put that in your koolaid drink and swig it, TM. 🙂

  5. Bush did run up quite a tab, but he didn’t spend a trillion to save a billion like BHO just did.

    I do know that the people I work with who come from countries with oppressive central governments are all for BHO. Makes you wonder.

  6. @BA

    Yep, par for the course BA. That’s the endgame it appears – a highly centralized power structure with “progressive” Democrats calling all the shots..

  7. Thank you mr. attorney Generals, God bless you all 16 so far and wake up all the rest, America the beautiful is sinking into a pit. I am 81 years young and will not accept this garbage. I love liberty and will have to be killed before I will give it up.

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