March 22nd, 2010
03:34 PM ET

States plan lawsuit against new health care bill

Ten states plan to file a federal lawsuit challenging the constitutionality of the new health care reform bill, Florida's attorney general announced Monday.

Bill McCollum, the Republican attorney general under fellow Republican Gov. Charlie Crist, told a news conference that the lawsuit - joined by his counterparts in Alabama, Texas, South Carolina, Utah, Nebraska, Pennsylvania, Washington state, North Dakota and South Dakota - would be filed once President Barack Obama signs the health care bill into law.

The U.S. House of Representatives passed the bill on Sunday night, and Obama intends to sign it on Tuesday, according to Democratic sources

McCollum said the lawsuit would challenge the bill's provision requiring people to purchase health insurance, along with provisions that will force state government to spend more on health care services.

"This is a tax or a penalty on just living, and that's unconstitutional," he said of the mandate to purchase health coverage. "There's no provision in the Constitution of the United States giving Congress the power to do that."

McCollum also said that portions of the bill would force states to spend money they don't have, which he called a violation of the 10th Amendment to the Constitution.

"There's no way we can do what's required in this bill and still provide for education, for foster care, for the incarceration of prisoners, all the other things that are in this bill," he said.

McCollum said he expected the lawsuit to eventually reach the U.S. Supreme Court.

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soundoff (57 Responses)
  1. beckey

    He is the President of the United States. I am not a republican I am a registered independant I do not vote by party I vote by person, Barack Obama is not the person that I voted for. He is not doing what is best for this country. He is making choices that go against the constitution of the United States. He did not take the people into account when he passed this law, because if he did then they would not have had to pass it by bypassing the GOP. He has not followed through with his campaign promise to bring our troops home, nor has he followed through with any of the other promises that he made during his campaign. This Healthcare reform bill will be the start of America becoming a socialist country. THis bill is going to allow for substandard health care not better health care. I am sorry but I do not believe that bad healthcare is better then no healthcare.

    March 24, 2010 at 11:29 pm | Report abuse |
  2. Brent

    The difference is that for automobiles are not just affecting you and your family. Its to protect the other driver from your mistake. With home owners insurance you are not made to have it unless you have a loan against it so that the bank is covered. With this health plan I do not want to pay for someone else's insurance when they choose not to live a healthy life as in smoking or heavily drinking. That is their choice to tear their body down, therefore why should I have to help them fix it?

    March 25, 2010 at 12:12 am | Report abuse |
  3. Sally

    I know some people think :

    IF you have a house you pay property taxes
    IF you have a job you pay taxes.....
    YES, these are choices....

    Do you think getting seriously ill is a choice? Which EVERYONE will get sooner or later as they you expect someone else to pay for your care? IRRESPONSIBLE

    If this is how people think then they shouldn't get any help when their time comes!! and emergency rooms and doctors should not have to abide by a MANDATORY rule to help!!

    March 25, 2010 at 12:26 am | Report abuse |
  4. Chris White

    Some of the clauses in this bill do seem very appealing. Especially for an uninsured 23 year old college student. I would have loved to stay on my parents health insurance till I turned 26 but not at the cost of this bill. In this economy nobody can afford to back an expensive lawsuit but as a pre-law student I am interested in seeing this suit get to the U.S. Supreme Court because this will be the strongest test of separation of power between the states and federal government as well as, if suit wins, helping to push the government back to being the invisible hand guiding business as it was during the years of growth.

    March 25, 2010 at 12:05 pm | Report abuse |
  5. dave

    To all of you who believe I should have to buy "insurance".
    Folks this is all smoke and mirrors. Insurance is the problem. Do you realize if there were no insurance companies that doctors and the medical field would have to compete like businesses have to compete. That means bringing prices down to where people can pay.
    Insurance sets the stage for making an aspirin $40. You have all been duped . They had you looking at one hand and used the old slide of hand. You are all scared thats why you have insurance. You are scared because you dont think for yourselves or take care of yourselves.
    There are people who truly do need help and are truly disabled or whatever. Noone looked at helping them truly. This mandate makes you buy something and do you think that if your made to buy something it will truly do anything for you?
    Canada has Social Medicine and just look at them they all jump at the opportunity to come to the U.S. to get treated. I will bet all of you that wanted this healthcare are the same people who need help with everything else in your life. You dont want to be responsible for anything you do, You do not have the right to tell me to pay for your healthcare. It is time for you folks who are tired of seeing these politicians take and take from those of us who work for a living. There is no answer to the healthcare deal because any hopes for it lie within capitalism and we havent had true capitalism in this country since the legalization of corporations. Good luck. You have all been duped once again.
    I have spent alot of time overseas and foreigners laugh at Americans because we fall for anything when a politician in a suit and tie stands up and tells us something or sells us something. You have been duped .................BOTH SIDES.

    March 26, 2010 at 2:57 am | Report abuse |
  6. dave

    Once more for any of you who want to know whats going to happen next.
    Honestly people this is not rhetoric. Research "The Nazi Party" . This is how it all began with them too.
    Adolf Hitler came in the same way Obama did. I am not an Obama hater. I have just done extensive research on The Nazi Partys rise and fall . The similarities are scary. Dont take my word for it just educate yourself. If you are reading this then you have a computer and the power is at your fingertips. Stop being wrapped up in this pointless arguement and prepare for what comes next. Prove me wrong with fact not opinion. If you chose to look the other way, remember the entire world relied on the U.S. to stop Hitler, so.......................................
    who is going to help us cuz there are no other AMERICAS out there.

    March 26, 2010 at 3:16 am | Report abuse |
  7. abnormalmind

    Obama and Nazism parallels? Are you freaking kidding me? That's utter garbage. Btw, the good ole USA has a huge socialized medicine system. It's called the VA and it works pretty damn well.

    The President is a distinguished constitutional professor from one the most prestigious schools that we have. The burden of proof is on YOU to prove any sort of Nazism parallel. Sheesh

    March 26, 2010 at 6:50 pm | Report abuse |
  8. James T G

    Unhappy with the cost of the new Health Care Bill? Here’s how to make the cost more acceptable. Just consider that it could have been a Bill to take us into another stupid, completely unnecessary war with some little third world country that was no threat to us.

    March 27, 2010 at 2:47 am | Report abuse |
  9. Lisa

    Bill McCollum should not have filed any such suit without the consent of the people. He is representing only a few of the people of Florida and embarrassing the rest of us. At least half of Americans are happy about this HealthCare bill. As a healthcare provider I'm just sorry it doesn't include Medicare for all, which we so desperately need, but it's a start and we can continue to make it better as time goes on. Remember when you all fought against Medicare too?

    March 27, 2010 at 5:35 pm | Report abuse |
  10. beckey

    If half of americans want the bill then I say fine. Let that half use it. The rest of us dont want it and how are we being represented? I was under the impression this was a free country and I had the right to make these decisions for my self? hmmmm was not aware that the US constitution had been removed from the white house. Just so all know that this bill is in fact unconstutional I will give you the first and tenth amednments.
    First- Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

    tenth- The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved tocfr

    March 28, 2010 at 3:32 pm | Report abuse |
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    August 17, 2010 at 3:37 pm | Report abuse |

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    September 13, 2013 at 10:48 am | Report abuse |
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