http://www.msnbc.msn.com/id/34551523/ns/politics-health_care_reform
The top prosecutors in seven states are probing the constitutionality of a political deal that cut a funding break for Nebraska in order to pass a federal health care reform bill, South Carolina's attorney general said Tuesday.
Attorney General Henry McMaster said he and his counterparts in Alabama, Colorado, Michigan, North Dakota, Texas and Washington state — all Republicans — are jointly taking a look at the deal they've dubbed the "Nebraska compromise."
"The Nebraska compromise, which permanently exempts Nebraska from paying Medicaid costs that Texas and all other 49 states must pay, may violate the United States Constitution — as well as other provisions of federal law," Texas Attorney General Greg Abbott said.
They haven't released their legal theory, but from what I can see it is probably based upon the equal protection clause of the Constitution.
In a letter to McMaster, [US Senator Lindsey] Graham singled out the deal to win Nebraska Sen. Ben Nelson's vote on the massive health care bill the Senate is expected to adopt Thursday. Nelson held out as fellow Democrats worked to get 60 votes to foreclose a GOP filibuster and the bill was amended to shield Nebraska from the expected $45 million annual cost tied to expanding Medicaid programs.
"We have serious concerns about the constitutionality of this Nebraska compromise as it results in special treatment for only one state in the nation at the expense of the other 49," Graham and DeMint wrote.
Now for the $64,000 question... does the legal challenge have a chance? Personally, I think that there will be numerous challenges on various grounds (the Nebraska Compromise, individual mandate, etc), and it is my HOPE that one or more of those challenges bears fruit. I firmly believe this law will be bad for the nation, and I also firmly believe that it is in direct conflict with the Constitutional principles that have made this country great.
With any luck, one or more of these challenges will have legs... but we'll have to wait and see. I'm not sure ANYBODY can challenge a bill in court before it becomes a law!
And my congratulations go out to Attorney General Troy King, who apparently has decided to help challenge this law. GOOD decision.
If the Nebraska action were to stand...it'd basically mean that forty-nine states are not as blessed as Nebraska.
ReplyDeleteBut you know...by the time you figure tax input from all fifty states and what each of us gets back in relation to our population...the whole dang system is unfair. And truthfully...it's been unfair since day one.
Not being a legal scholar, my personal opinion is that there’s much about Obamacare as it now stands that is unconstitutional. However, I don’t expect any legal challenge to it to grow legs in any court until the final version of it is passed by congress. How can one challenge something that isn’t even law yet?
ReplyDeleteMake no mistakes, ObamaCare WILL be challenged in court once it is signed into law. The most likely basis for challenge is the "individual mandate"... the Constitution does not give Congress the power to require us to purchase a product or service as the price for living in this country.
ReplyDeleteI think repeal is absolutely essential... preferably BEFORE the substantive provisions kick in. I don't hear Republicans campaigning on a promise to pursue the repeal of this monstrosity... and that's a problem.