Let the law suits begin
By lilwonders
@lilwonders456 (8214)
United States
March 21, 2010 10:29pm CST
38 states said if the healtcare reform bill passed with the mandate in it...they would sue. Why? Well because the mandate violated the constitution. It is a state right to make the mandate law...not the federal government. So therefore the federal mandate violates the constitution and states' rights. Well I am sure in the days and weeks to come we will see the lawyers in those states filing.
This could get interesting. Especially sence the states are actually right.
How long do you think this court battle will last? Will the feds back down and take the mandate out sence they are violating the law?
1 person likes this
8 responses
@irisheyes (4370)
• United States
22 Mar 10
There's no state right here. Federal law supercedes state law. If these governors want to waste state funds in a lawsuit that they can't possibly win, then let the lawsuits begin. Go ahead and waste more taxpayer money in a totally meritless lawsuit that will go nowhere. Aren't these the same characters complaining about how Washington wastes our money?????
2 people like this

@bobmnu (8157)
• United States
22 Mar 10
Read the Constitution those powers not given the federal government nor denied the states belong to the states. The Federal Government has no right to force you to buy something or pay a fine. No Due process here.
IF you are going to rely on the commerce clause of the constitution then remember it could lead to mandatory state control of you heating and cooling because you get the power from another state so the government can regulate it. By the way the Technology is there to do it. What if they decide that you have to buy a new American made car every 3 years to keep the Government Motors in business because they are too big to fail? Sound foolish, that what people said about smoking now look at the smoking bans even in private clubs and private property. Soon you will not be able to drive anything larger than a Mini Cooper because of the government mandates on fuel economy.
1 person likes this
@ladybugmagic (3978)
• United States
22 Mar 10
Do you remember when we privatized California's electricity with a little scam called "Enron"? Do you remember the rolling blackouts?
Privatization is far worse than anything government run, because their motivation is a for-profit institution, whereas, the government is supposed to be in place to protect our citizens and their needs.
When four bad people are together, and three of the four rape a girl, but one doesn't because he didn't have the conscience to, why is he still tried as an accessory? Because he sat idly by while someone needed help from a terrible situation.
Are you happy with yourself, bobmnu, playing politics, and leafing meticulously through the constitution to find a loophole that somehow justifies your willing to sit idly by while 40,000 people die each year because they needed help from a terrible situation? And 32 million others are at risk?

@Latrivia (2878)
• United States
22 Mar 10
Do they need a lawsuit for nullification? I'm hoping against all hope Texas gives a big middle finger to capitol hill and ignores the whole bill. Somehow the concept of mandatory health care doesn't sound like "fair" health care.
Yesterday wasn't a victory for common sense - it was a victory for health insurance companies.
1 person likes this

@Latrivia (2878)
• United States
22 Mar 10
Right, and anyone who supports it supports the tyranny.
Now that that's established, we can all go back to our usual lives - until 2014 when you and me have to make sure we have an adequate plan lest we find ourselves neck deep in penalty fees.
Oh goody, I can't wait for 2012.
1 person likes this
@ladybugmagic (3978)
• United States
22 Mar 10
A victory that will help keep 40,000 people alive each year, and protect an additional 32 million who could have fallen prey at any time sounds like common sense to me.
Germany, Japan, Sweden, the Uk, (the list goes on) and now even Iraq, with one billion of the US dollars, have universal health coverage.
You think the Americans don't deserve to live?
1 person likes this


@lilwonders456 (8214)
• United States
22 Mar 10
I will keep you posted. So far I have not heard of any filing yet...but it could take them a few days to do it. If they are smart all 38 will get together and sue as a one group. It would save them money than 38 individual lawsuits.
And yes I am advocating people standing up for our constitution. Congress and Obama are NOT above the law. They have to follow it just like we do.
1 person likes this
@ladybugmagic (3978)
• United States
22 Mar 10
And I do believe murder and torture are illegal. Can you fathom what cancer feels likes, particularly to a child?
I am advocating people to stand up for those who desperately need healthcare and to stop selfishly looking for loopholes in a 200 year old constitution whose writers never saw the medical progress or capitalism we see today.
1 person likes this
@ladybugmagic (3978)
• United States
22 Mar 10
You would advocate sending money to "help them", but somehow turn your back on 40,000 people who die each year, many of them children?
Shame shame.
1 person likes this

@anniepa (27955)
• United States
22 Mar 10
I guess we'll have to see how the courts rule and if the states back down or not. I doubt they'll take the mandate out since that would defeat the whole purpose. We've been paying for those who can't pay forever but with no mandate we'll be paying for those who choose not to get their own insurance even when they'd get subsidies to help them pay the premiums. How is that fair to those who do have insurance?
Among the main goals of reform are to cover more people, bring down overall costs and make it so those with preexisting conditions can't be denied coverage and are able to afford it. Some may not like it but without a mandate those goals couldn't possibly be reached. Hopefully before too long we'll get a robust public option or better yet, a single payer system.
Annie
@bobmnu (8157)
• United States
22 Mar 10
What you are asking the insurance companies to do is to take on more risk with less money. It would be like telling you that you have to work at a job for no increase in pay but you have to supply all the raw material and the tools and other supplies.
How many people will drop their insurance to save money and pick it up when they need it? IF I were young and healthy I would gladly pay the few hundred dollars and wait until I got something serious and then get insurance. A small business can drop their insurance and pay the 8% up to the max and still be cheaper. Then the person gets insurance on their own and more than likely we will help them and pay more taxes.
2 people like this

@xfahctor (14113)
• Lancaster, New Hampshire
22 Mar 10
To hell with the lawsuits, let the arrests begin! Don't getme wrong, I like the lawsuits and they are better thannothing. I supose too in the interests of postponing what I think may be an inevitable civil war, it is a good thing. but these suits lack teeth (at least for now). I want to see federal agents being arrestsed for enforcing unconsitutional law. It would send a very clear message to the DC empire.
1 person likes this

@Taskr36 (13963)
• United States
22 Mar 10
Ladybug just wants a cradle to grave, nanny state. She really believes we have some sort of huggable government that would never abuse their power and only lives to provide us with everything we desire at the expense of those horrible people who had the audacity to succeed and provide for themselves.
@lilwonders456 (8214)
• United States
22 Mar 10
Well I think lawsuits are probly the best first move for now. It depends...if they spend from now to November just cramming everything they can down our throats...well we all know what will happen. People will only stand for so much of it before they scream enough.
@lilwonders456 (8214)
• United States
22 Mar 10
Any society that would give up a little liberty to gain a little security will deserve neither and lose both....Ben Franklin.
YOu wonder what is up with us...we wonder what is up with you. Let's face it. We look at things differently. We will never agree.
We don't fight for power...we fight for freedom.

@ladybugmagic (3978)
• United States
22 Mar 10
Quoting our president, "Tonight was a victory for common sense." If 38 states want to delay common sense, and want to insist that more people die, they are doing wrong by their constituents.
Do constitutionalists lack a heart?
1 person likes this
@matersfish (6306)
• United States
22 Mar 10
Claiming that someone doesn't have common sense for opposing such legislation and then dropping the most grossly overused, innacurate talking point in history seems to directly conflict.
I understand that progressives in America want to be both the land that takes the huddled masses and the land that gives entitlements, but common sense suggests that's a recipe for B-A-N-K-R-U-P-T-C-Y.
The problem with progressive vision, as lovely as it is, is that it sees from point A (bad, bad America) to point Z (utopia entitlement socially just society) without going through the other multiple dangerous points -- none the least of which is that it is A BAD IDEA to root for power-hungry politicians on the federal level to have gift-wrapped power and carte blanche to force upon states and citizens their will.
We are no longer America once that happens. It's no more melting pot. It's no more land of diversity, creation and determination and foresight, etc. It's the land where government says what's right.
If that's okay with you, so be it. But dropping that crud about people NOT wanting it being heartless or not having common sense is beyond ridiculous.
Progressives have been putting their pieces in place for decades now.
All I can say is, we all better hope that guys like matersfish aren't right about how inept and greedy and inherently suspect politicians are.
1 person likes this
@lilwonders456 (8214)
• United States
22 Mar 10
38 statess are not sueing to stop the healthcare bill. It passed. Most of it wills stand. There is only one thing that they are sueing to have taken out. The mandate. The part that says by FEDERAL law everyone must buy insurance.Because it is a state power. That is it. It won't effect the rest of the bill. If they win...then the judge just makes the feds take that one part out. The judge won't kill the whole bill. Just that one little part. So it won't effect the whole bill. The rest will stand as passed.
The feds could have avoided this by just taking the mandate out in the first place.
1 person likes this
@ladybugmagic (3978)
• United States
22 Mar 10
Removing that mandate helps to defeat the necessity of the bill and its effect.

@gewcew23 (8007)
• United States
22 Mar 10
Who does the federal government think it is to mandate what I can and cannot do? Who is the boss here? A servant does not dictate to the master. I do not know how long the court battle is going to take, but as long as it takes. Will the feds back down, no but we will have to break their backs. The federal government has become to big and thinks it can do anything. It needs to be put back into their place.
@lilwonders456 (8214)
• United States
22 Mar 10
I hope they stand strong. I am already trying to see what my state is going to do. I am hoping we will be in on the law suit. We have legislation in right now on making it illegal to require health insurance in our state...but it has not been voted on yet. I am hoping it gets pushed up now.
1 person likes this
@hofferp (4734)
• United States
22 Mar 10
Interesting, indeed! The court battles will last, I want to say up to a year, but it could be longer. This Administration and this Congress won't back down...they think they've won the war, when the battles are just beginning. The only thing good about this, my Dem Congressman didn't let Pelosi/Obama bribe him with the new hospital they promised him in his home town...he voted the way his constituents wanted him to vote...NO. I got to give him credit. (I still think he'll lose in November for his other votes...Cap and Trade, etc.)
@lilwonders456 (8214)
• United States
22 Mar 10
Well at least he voted the will of his people. That is always a great thing. Too bad he did not listen on cap and trade.









