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Posts Tagged ‘Care Reform Legislation’

State Attorneys General Agree To File Constitutional Challenge To Obamacare Immediately

Monday, March 22nd, 2010

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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Change: Obama Reverses March 18 Deadline, Delays Asia Trip for Obamacare

Friday, March 12th, 2010

President Barack Obama has now delayed his trip to Asia and backed off his March 18 deadline for House action on Obamacare

The AP has just reported that President Barack Obama is delaying his trip to Asia to focus on passing Obamacare, despite strong claims by the Obama Administration that a House of Representatives vote must occur by March 18.   Now, the AP reports that Obama will not leave until March 21, making the March 18 deadline inoperative. The latest reversal of an Obamacare deadline set by Obama or one of his top officials is another in a pattern of false deadlines set by the Administration starting last summer. In a prescient article, CNN points out yesterday that the now-inoperative deadline is one of many set by the Obama Administration:

Washington (CNN) — President Obama has set them — and they’ve repeatedly been missed.

But with Easter recess coming, Obama’s latest deadline to pass health care reform legislation could be his last one.

Over the summer, as the health care reform battle was brewing in Congress and at town hall meetings across the country, the president called on both the House and Senate to pass legislation by the end of August in order for a comprehensive bill to see its way to his desk by the end of the year.

That didn’t happen.

Congressional Democrats and the Obama Administration are now struggling to produce 216 votes in the House of Representatives for Obamacare. The latest procedural trick proposed by Democrats is “Amending a Ghost” by having the House create a “rule” that “assumes” the Senate bill has been passed by the House already, and then have the House members vote on changes to the Senate bill, not the Senate bill itself. Such procedural trickery is “unprecedented” in American history and the next few days will determine whether Democrats will push forward with the “Amending the Ghost” strategy or instead simply have an up or down vote on the Senate bill in the House.

UPDATE: NPR adds some details, including a tweet by Robert Gibbs, White House spokesman:

A “alert” from the Associated Press:

“Obama delaying Asia trip from March 18 to March 21 to work on health care.”

The president’s trip will take him to Indonesia and Australia. We’ll update this news as the story develops.

Update at 9:10 a.m. ET. White House spokesman Robert Gibbs just “tweeted” that:

“The President will delay leaving for Indonesia and Australia – will now leave Sunday – the First Lady and the girls will not be on the trip.”

Sunday must mean March 21.

This news is not exactly a surprise. As The New York Times’ The Caucus blog wrote yesterday, “with President Obama’s health care bill hanging in the balance, the White House is facing intensifying questions about whether Mr. Obama should take his planned trip to Indonesia and Australia next week.”

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All Out Media Assault on Eric Massa as Beck Interview Approaches

Tuesday, March 9th, 2010

Former Democratic House Rep. Eric Massa (D-NY) Is Under All-Out Assault from the Establishment Media Today

As the hours count down until Glenn Beck uses his 3-4 million viewer platform today to amplify now-resigned Democratic House Rep. Eric Massa’s (D-NY) sensational claims that the Obama Administration and Democrats in Congress forced him out of Congress over his opposition to Obamacare, the left-leaning establishment media is engaging in all-out effort to completely destroy Eric Massa in the eyes of the public.   A common beneficiary of Obama White House and Congressional Democratic leaks, the Washington Post, has just gone up with a new story alleging that Massa is under investigation for “groping” several male staffers:

Former Rep. Eric Massa has been under investigation for allegations that he groped multiple male staffers working in his office, according to three sources familiar with the probe.

The allegations surrounding the New York Democrat date back at least a year, and involve “a pattern of behavior and physical harassment,” according to one source. The new claims of alleged groping contradict statements by Massa, who resigned his office on Monday after it became public that he was the subject of a House ethics committee investigation for possible harassment.

Massa had said that the allegations were limited to his use of “salty language” with his staff. He apologized for making some inappropriate comments and argued he was being unfairly villified. Days later, Massa accused the White House and Democratic congressional leaders of trying to oust him from office to improve their chances of passing health care reform legislation. Massa could not be reached for comment Tuesday, and no one answered the phone at his home in New York or his campaign office. Staff at his former congressional offices declined to relay messages to him and said they did not know how to reach him.

CNN and MSNBC have been keeping up a steady hourly diet of attacks on Eric Massa all day long, at times asserting he is simply crazy, had “snapped” from the pressure, was “silly” or “ridiculous” or was just lying about the Obama Administration and Congressional Democratic leadership just to save his own skin. Considering Massa was fully embraced by such left-leaning media outlets in the recent past, the latest harsh, anonymously-sourced attacks are all the more jarring. The leaks from Democratic sources on the House Ethics Committee or perhaps the White House, published at 2:49PM today, up the ante somewhat as they attempt to paint Massa as a serial sexual harasser of male staffers based on anonymous sources. All told, the mainstream media appears to be reading directly from White House talking points on Massa, as repeated again by the Washington Post in today’s article:

Also on Tuesday, White House press secretary Robert Gibbs dismissed Massa’s charges of a conspiracy to force him from office as “silly and ridiculous” in an appearance on ABC’s “Good Morning America. He urged looking at Massa’s erratic and changing statements about why he was resigning office.

“Last week, he, on Wednesday, was having a recurrence of cancer. On Thursday, he was guilty of using salty language. On Friday, we learned he’s before the Ethics Committee to be investigated on charges of sexual harassment,”Gibbs said. “So, look, I think, clearly, his actions appear to be in the appropriate venue in the Ethics Committees to look at, but we’re focused not on crazy allegations but instead on making this system work for the American people rather than work for insurance companies.”

It is unusual for specific details of Congressional ethics investigations to be leaked so widely, especially in seeming direct, immediate response to the member’s public comments, as the leaks to the Washington Post appear to be in response to Massa’s comments yesterday. Regardless, today’s interview on Glenn Beck’s show is certain to drive the news cycle this evening and perhaps into tomorrow as the Obama Administration and Congressional Democratic leadership struggle to find the votes to push Obamacare through Congress before the Easter recess.

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