On March 21 in the dead of night, the United States House of Representatives passed President Barack Obama’s coveted healthcare legislation – the “Patient Protection and Affordable Care Act”– without a single Republican vote and with 34 dissenting Democrats.
On March 23 when Mr. Obama signed the bill into law, Florida Attorney General Bill McCollum delivered his legal challenge. He filed on behalf of 12 states (South Carolina, Nebraska, Texas, Utah, Louisiana, Alabama, Colorado, Michigan, Pennsylvania, Washington, Idaho and South Dakota), while Virginia filed its own challenge. The actions are the first in a series of moves undertaken by states, citizens and other groups to challenge the constitutionality of Mr. Obama’s healthcare legislation. They have set the stage for a power struggle between the overreaching federal government and the people of the states.
Idaho and Virginia were the first states to announce, prior to the passing of healthcare legislation, that they would seek to legally challenge the bill if it became law. South Carolina and Florida also followed suit. Walgreens Pharmacy in Washington state announced it would not accept any new Medicaid patients. With the signing of the legislation, all 13 states filed their challenges.
As of the end of March, 13 states are seeking to change state law to pre-empt Mr. Obama’s healthcare legislation, and 29 other states are calling for ballot measures to amend their constitutions.
On April 7, five other states joined the group of states headed up by Florida to bring litigation against the federal government. Those new states include Indiana, North Dakota, Mississippi, Nevada and Arizona.
The attorneys general filing the suits have stated that their pursuit of legal action is a matter of constitutional justice. Among the issues the states are seeking to challenge are Nebraska’s Medicaid exemption which forces people to buy a good or a service (healthcare) subject to the federal government’s approval, and the violation of state sovereignty by the legislation. The federal government also mandates that states raise taxes to collect revenue to be handed over to the federal government for healthcare.
Some proponents are stating that the healthcare bill is protected by the Commerce Clause of the U.S. Constitution that allowsCongress to regulate commerce among foreign Nations and among states within the Union. Former House Majority Leader Tom DeLay and others have noted that the commerce clause does not apply to the bill as Democrats claim because the Democrats did not allow interstate healthcare insurance competition. Therefore, the Commerce Clause is violated by the legislation. Furthermore, the clause was meant to keep trade between states free, not to regulate parochial services such as visiting one’s doctor.
In the meantime, Republicans have begun to coalesce around the idea of repealing and replacing the Democrat-concocted healthcare overhaul. They are preparing to fight for the long haul, running on the campaign promise of repealing Obamacare. Republicans, political analysts and commentators have noted that with power in Congress, the Republicans, although not being able to repeal outright the healthcare legislation, can indeed repeal it once they have retaken the White House. If Republicans retake both houses of Congress in November, they can vote to defund the legislation, halting its spread and stopping its power.
Mr. Obama has responded in turn. He has essentially dared the Republican Party to attempt to repeal his healthcare project: “Go for it,” he said. Critics of the Republican opposition to healthcare have attempted to paint the Republicans as uncaring and acting solely out of partisan interests. Yet, a CBS poll conducted the week of the legislation’s signing found that 62 percent of American people want the Republican Party to fight to repeal the bill. A staggering 41percent of Democrats even want Republicans to thwart the bill.
Republicans like Virginia Attorney General Ken Cuccinelli note that it is not political partisanship which drives them to challenge the legislation; it is their constitutional duty as attorney generals. They have a duty to protect the American people, and they are not hesitating to do so within constitutional means.
The role of the litigation against the federal government is to have the federal courts declare the healthcare legislation unconstitutional. The states are not seeking money. Now that litigation has been filed, the United States has 60 days during which it must file an answer to declare why the healthcare legislation is constitutional. For Florida and the 16 other states under the joint effort, a scheduling hearing has been set for April 14 in Pensacola.
It is plausible that over time, more states will join the effort spearheaded by Florida and Virginia. The outcome of the legal challenges filed will determine the future of the balance of power between the states and the federal government.
-Joe Vigliotti is a writer and essayist residing in Maryland. His work can be found at: www.traditiontomorrow.blogspot.com.
