From AJC
Florida AG Bill McCollum
Attorneys general from 13 states sued the federal government Tuesday, claiming the landmark health care overhaul is unconstitutional just seven minutes after President Barack Obama signed it into law. The lawsuit was filed in Pensacola after the Democratic president signed the 10-year, $938 billion bill the House passed Sunday night.
“The Constitution nowhere authorizes the United States to mandate, either directly or under threat of penalty, that all citizens and legal residents have qualifying health care coverage,” the lawsuit says.
Legal experts say it has little chance of succeeding because, under the Constitution, federal laws trump state laws.
Florida Attorney General Bill McCollum is taking the lead and is joined by attorneys general from South Carolina, Nebraska, Texas, Michigan, Utah, Pennsylvania, Alabama, South Dakota, Idaho, Washington, Colorado and Louisiana. All are Republicans except James “Buddy” Caldwell of Louisiana, a Democrat.
Some states are considering separate lawsuits — Virginia filed its own Tuesday — and still others may join the multistate suit. In Michigan, the Thomas More Law Center of Ann Arbor, a Christian legal advocacy group, sued on behalf of itself and four people it says don’t have private health insurance and object to being told they have to purchase it.
McCollum, who is running for governor, argues the bill will cause “substantial harm and financial burden” to the states.
The lawsuit claims the bill violates the 10th Amendment, which says the federal government has no authority beyond the powers granted to it under the Constitution, by forcing the states to carry out its provisions but not reimbursing them for the costs.
It also says the states can’t afford the new law. Using Florida as an example, the lawsuit says the overhaul will add almost 1.3 million people to the state’s Medicaid rolls and cost the state an additional $150 million in 2014, growing to $1 billion a year by 2019.
“We simply cannot afford to do the things in this bill that we’re mandated to do,” McCollum said at a press conference after filing the suit. He said the Medicaid expansion in Florida will cost $1.6 billion.
“That’s not possible or practical to do in our state,” he said. “It’s not realistic, it’s not right, and it’s very, very wrong.”
South Carolina Attorney General Henry McMaster, who is also running for governor, said the lawsuit was necessary to protect his state’s sovereignty.
“A legal challenge by the states appears to be the only hope of protecting the American people from this unprecedented attack on our system of government,” he said.
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