Update on the states and the mandate

United States
March 23, 2010 3:42pm CST
So far two states have actully filed lawsuits. Florida and Virgina. They did it today. 36 other states say they are in the process of putting their paperwork together. 36 state legislatures so far have proposed measures to challenge the constitutionality of the new federal bill, while 29 states are also calling for ballot questions to amend their constitutions and 13 are looking to change state law. Some states are doing both. Here is a list of the states currently fighting the mandate. Alabama, Alaska, Arizona, Arkansas, California, Colorado, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Jersey, New Mexico, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Utah, Virginia, Washington, West Virginia, Wisconsin and Wyoming It will be interesting to see how the legislation goes in each state and how many end up joining the law suit. The states are all over the map and cover both blue and red states. This could really complicate things. This is well over 1/2 of the states in our country. How do you think this will play out?
5 people like this
7 responses
• United States
24 Mar 10
The funny thing about this is if this program is popular, all of these politicians can kiss their jobs good bye. This is a federal ENTITLEMENT, the odds of this being popular is pretty darn good.
• United States
24 Mar 10
I will make you a deal: I will get rid of the mandate for health care, if you get rid of the mandate for car insurance. I have had car insurance for the last 17 years and used it once for $500. I have spent at least $8,000 on car insurance in that time, and had my rates increase because I had an accident that I was NEVER cited for. I can tell you that here in Ohio the AG is NOT suing over this. That would be the republican led congress that would try to FORCE the AG to do this. The AG is a democrat, and supported this bill. If they do win this challenge, I will personally fund a lawsuit against the Patriot Act, which violates the constitution in so many ways that I can't believe that it hasn't been repealed. Can you please explain to me how it is that I can only sue the government if I find out that they taped my phone, when they won't release that information through the freedom of information act? How many amendments to the constitution does that small part violate alone?
1 person likes this
• United States
24 Mar 10
Car insurance is a state law...not a federal one. There are states that do not have car insurance laws. It is a state right to make those laws...not the feds.Which is why the healthcare mandate is illegal. the state has the power to do the mandate..not the feds. As for the AG in Ohio...Isn't that the state that passed the law requiring the AG to file a lawsuit if the mandate passed? Now I know why they passed that law...to force his hand. It was the state government that passed that law...not the congressmen. What is the make up of your state house of representatives? They would be the ones to push it. As for the patriot act...there are several lawsuits flying about that one. Do a serach engine on Patriot act and lawsuit. I hate the patriot act. It IS unconstitutional. It should have been repealed way before now. It ticks me off that obama promised to repeal it...then signed a one year extention on it.
1 person likes this
@irisheyes (4375)
• United States
24 Mar 10
This is really funny. Great Debater - I've lost all my money on healthcare but saved a mint on car insurance. I had this truly great insurance agent back when I was averaging 3-4 accidents per year (dont know why but they were all definitely my fault) He told me to try not to file a police report and get to him right away which I did. He then immediatley transferred me to another company before they got wind of anything on my record. I went from Aetna to Allstate to Progressive etc. in a year with no noticeable increase in premiums. But then I paid it all back on the damn health insurance with year after year after year of paying two and three and four times what I used and sometimes just paying and not using at all. I guess it all just evens out in the end.
2 people like this
@irisheyes (4375)
• United States
23 Mar 10
Yes they are all over the place. My own state is in there and I admit I was surprised when I first heard about that. Pennsylvania is a blue as they come with 2 Democrat senators and a popular Democrat governor. My gut feeling is still the same as when I first heard about it. They are going into a federal court and asking the feds to curtail federal power. It just won't fly.
• United States
23 Mar 10
Actually all they are asking is the judge uphold the constitution.
@xfahctor (14111)
• Lancaster, New Hampshire
23 Mar 10
Irish...in this case it doesn't matter what party your congresional represenatives are as it really doesn't have anythiing to do with them. This is action by the government of your state. If it is a law suit, it is being brought by your state's Attorny General. If it is a nullification bill, it is being processed by your state legislature. Also, if it is a legislative action, the nullification of the mandate will simply become law. It won't even see a court docket, unless the federal government challenges your state specificly in court when your state starts enforcing the nullification. If it is nullified in your state, the most likely scenario is the residents of your state will not be required to get health coverage. I don't think any of the nullification legislation being worked through in the various states nullify anything but that mandate. It would how ever be a good idea to look in to it and see what your state government is doing, have a look at the bill if there is one. That way you can make up your own mind on it and either call your particular state legislators and ask them to supprt it or not supprt it. they can also answer questions on it as well. Your state legislators are often much easier to sit and tak with than our federal government reps are and much more accesable. there are two from my district I speak with all the time and have personaly known for a number of years. I keep harping on this but it really isn't a statement that is defined on party lines and applies to most issues, but the key to REAL change in this country is through the power of our states.
1 person likes this
@irisheyes (4375)
• United States
24 Mar 10
No matter how I look at this the bottom line is still the same. There is presently a federal mandate and you are going into a federal court and asking them to give the power of that mandate to the states which I do not think they will do. Right now I am working on gut feeling. I need to check some things. 1) Has the Supreme Court (that's where this will likely wind up)since the time of the civil war taken authority from the federal gov and given it to the states? If so how many times and how recent? 2) How did Social Security get passed and is there a precedent there? For now I keep coming back to the fact that they are asking the federal government to let states supercede them on something and I don't think the feds will do that.
@coffeebreak (17824)
• United States
24 Mar 10
Sure is going to be a huge mess. Problem is easily solved tho. Whatever the congress/senate and all the rest of those capital hill yahoo's make it law for use americans to do...they also have to do it. Take away their wonderful 100% insurance coverage and let's see how they would react to these health reform issues. And then lower their salaries to comprable to what the middle american makes and you better believe they will make something appropriate for all... this health care reform is so not american.... american is "of the people, by the people and for the people"... this reform is "of the government, by the government and for the government". I mean come on... people would gladly pay for health insurance... if they could afford it! No one goes without it cause they want to. But this new law makes it mandatory for everyone to have health insurance and if you don't you get fined. Stupid idiots...what part of "if they can't afford the premiums, how the holy heck do you think they will be able to afford the fine!!!" don't they understand!
• United States
24 Mar 10
oh they understand...they just don't care.
@coffeebreak (17824)
• United States
24 Mar 10
And no, they don't care much. Just enough to get votes next time!
• United States
24 Mar 10
Which is why we have to stop electing rich sleezy lawyers into congress and start voting in normal everyday people with common sense.
@laglen (19783)
• United States
24 Mar 10
At this point I am not sure I want to hazard a guess. I really do think we are in for some serious hurt. "A house divided against itself cannot stand," which is taken from Matthew 12:25
• United States
24 Mar 10
I don't see our "house" united. You have two large groups of people who want this country to go in completely different directions. Neither is interested in finding "common ground" or even "meet in the middle". Both want "their way or the highway". Yep...we are in for some serious hurt.
1 person likes this
@laglen (19783)
• United States
24 Mar 10
You said it! Neither is interested in finding "common ground" or even "meet in the middle
• United States
24 Mar 10
You are 100% correct LIL.
@irishidid (8119)
• United States
23 Mar 10
The list I've been looking for! Thanks!
• United States
24 Mar 10
Your welcome. I will try to keep everyone posted as much as I can on this one.
@anniepa (26638)
• United States
28 Mar 10
Irish, Governor Rendell is against the lawsuit but the AG, who is a Republican, is running for governor himself so that explains why he's determined to do this. He wants to shore up the Republican base. Annie
@irishidid (8119)
• United States
29 Mar 10
I hope the republican wins. Sorry, Annie. The democrats have been turned into something of an abomination. They deserve to lose and lose big. Anyone who is for the mandate should lose.
• United States
23 Mar 10
Well, I live in MI. Already looking into what is going on here. It's a petition. We need 381,000 signatures on a petition by July 5th, to put the matter on the ballet this November. So that the people get to vote on this instead of just our representatives. Personally I think it is sending a loud and clear message. The message I hope it will send it, yes, we need a new way to handle health care, but this isn't it. and we aren't going to abide by this.
• United States
23 Mar 10
Good luck with the signature hunt. I hope you guys are successful. I would think it would not be too hard to get all those signatures if people in the area know about it. Heck...they will probly be breaking down the doors to sign it.
@gewcew23 (8012)
• United States
24 Mar 10
36 states is Constitutional status. 2/3 of the states can admin the Constitution. I think that would actually be the better option than the lawsuit. A lawsuit could take for ever, where as if these 36 states would agree to the same legislation the Constitution could be admitted as soon as the 34th state approved the new amendment.