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March 23rd, 2010
07:00 AM ET

States filing suit, claim health bill is unconstitutional

(CNN) - The health care reform bill is passed and about to be signed, but truth be told the fight is far from over.

Three dozen states are preparing to challenge various provisions of the reform bill. Some plan to file lawsuits, claiming the bill violates the U.S. Constitution. Our Jim Acosta has that part of the story.


Filed under: Health • Politics
soundoff (26 Responses)
  1. Marg

    If this healthcare bill is so wonderful, then why is it that the President and Congress are exempt from it? Also, it is being said that people are dying because of no health care, yet this bill will not take place until 4 years from now, so does this prevent the people from dying until the bill goes into effect? Also, I hear people saying that members of Congress are being threatened by the Republicans. Did it every occur to you that there are many Democrats opposed to this bill also? These politicians in Washington are not listening to the people they are forcing their will on us. King Obama and his Goons.

    March 25, 2010 at 9:42 am |
  2. Robert Mason

    Just another way for the republicans to railroad health car reform. I am an independent whose is tired of all of the partisan rhetoric from Congress on this subject. Personally, I think it's time that we take away their "Cadillac" health plan and revert them to one of the standard plans that are out their. Perhaps if they had to pay what their constiuents pay for health care they would stop the partisan bickering. I am so sick of Congress. They say they work for the people while voting themselves pay raiseswhile hiding it in the budget bill. They say they work for the people while taking monies from the special interest groups. Why don't they introduce a bill banning lobbyists from the hallowed halls of congress.

    March 24, 2010 at 12:20 pm |
  3. Howard

    I think this is really funny in a sarcastic way. The Attorney General from Fla is running for governor, so his motives are clear. Maybe he should explain to all the seniors in Fla that he wants to stop the new medicare benefits in the bill that will close the prescription hole saving them thousands in costs, and provide free preventive care during his campaign. I'm sure that will go over well. This is a last ditch attempt by the Republicans to keep the issue in the headlines because the media in this country are addicted like any addict to controversy and will keep it alive. Fox will run it everyday, and so will Wolf Blitzer with his point counter point format.

    I think the Senate should add in an opt out clause in the bill and then let all these Republican governors and AG's put their money where their mouth is a opt out. Then go to their constituencies and explain why the people in the blue states are getting are getting all these benefits and why they think their own citizens don't deserve it. It's all grand standing on their parts because they would never really do it. Why dosen't the Media ever ask the republicans why they never did anything about this issue when they were there, and had majorities in both houses and the presidency.,if they are so against this.
    Why they grandstand like this is because they know that they will become part of the media circus where issues get diluted in controversy coverage highlighting the sensational over the rational

    March 24, 2010 at 10:10 am |
  4. Toni L'Hommedieu

    If the states win their lawsuits based on the unconstitutionality of mandatory health insurence purchase in the health reform law, can mandatory car insurence, mandatory medicare contributions, mandatory property tax, mandatory social security and/or mandatory income tax also be proven to be unconstitutional as well?

    March 24, 2010 at 8:33 am |
  5. David in SC

    I have two comments:

    1 – I live in South Carolina and our state like many other states, we are in a budget crsis. Now, our Attorney General, Henry McMasters is talking about suing over the Health Care reform. Where is this money coming from to file this lengthy and by some accounts futile lawsuit? Oh, did I mention, McMasters is trying for the Governor's job (yeah, another winner, Mark Sanford).

    2 – Fine, if people DON'T want mandatory health insurance, why do my rates and costs have to cover those uninsured? Maybe the real answer is to completely flip this. Let's make it so if you need medical services (even an emergency), no money or insurance, no services.

    One last comment, I keep hearing the Republcians say they have a better solution. What is it? The only thing I have heard the Republicans talk about in controlling health care cost is to shelter the incompetent and negligent with tort reform.

    Thank you President Obama, Senator Ted Kennedy, and all those who voted for this bill.

    March 24, 2010 at 8:31 am |
  6. laverne

    I was at the first washington tea party and the best speaker was the African American preacher.Next that insurance is going to really help people when they have to wait for a long time to see a Doctor, which are already started dropping out. That's not being reported.

    March 24, 2010 at 8:28 am |
  7. Jim

    Yes, my state also requires that I buy a product (auto insurance). Yes, I can choose to not go to a doctor. However, it comes to all of us; an illness, accident, that may leave that choice to someone else. If the courts rule that government cannot require us to buy a product (health insurance), then what about auto insurance? Will our roads become clogged with uninsured drivers.

    March 24, 2010 at 8:17 am |
  8. Carl LoSchiavo

    Off course someone has to pay for the new health care bill, but I'd rather pay for that than Bush's war in Iraq, that we never should have entered.

    March 24, 2010 at 8:16 am |
  9. Carol

    Would you refuse medical attention if you were in a life threatning accident...If you go to the emergency room someone will have to pay for it.

    March 24, 2010 at 8:11 am |
  10. AM

    Most states require that an individual carry auto insurance, but states do not force non-drivers to pay for auto insurance. They same is very much true for health insurance. If one refuses to see a doctor, or take medical care, why should they be required to have insurance?

    March 24, 2010 at 8:04 am |
  11. Bebe kok

    I think it's smart to require health insurance just like you can't own a house without insuring it. If you own a car you are supposed to have insurance. What's right about not having insurance when you can afford it because you don't want to spend the money then the rest of us pay for your medical bills when you go to an emergency room and they can't refuse to help you. Those with insurance see their costs go up to pay for those people

    March 24, 2010 at 7:12 am |
  12. Carol

    Anyways no one can guarantee that they will never have an accident or catch a computable disease, that in fact can be a threat to other humans if you don't get treatment (Ex TB Flu etc).

    Then if you decide to get that treatment in the emergency room without insurance coverage, you are driving up cost to your fellow americans who hold health insurance putting a major strain on our economy.

    Then on the other hand if they don't seek medical attention then they spread disease to the rest of us... So bottom line is you do hurt society as a whole for not carrying health insurance and people shoudl be mandated to carry insurance for the protection of themselves as well as society.

    Hopefully this will come out in court if it gets that far. These states filing law suits, are just another way to waste tax payers money. These lawsuits are just an attempt to save their necks in the next election.

    I have a idea for all the cheapos who are whining about carrying insurance...if you do not want to carry insurance go some where on a deserted island where there is no hospitals where you can keep your diseases to yourself.

    March 24, 2010 at 6:19 am |
  13. coventry

    I live in virginia and proud that our attorney general is put of a suit. the fee for not having insurance is crazy bc there was no thought to it. how do they expect the unemploy to pay it and states to take more responsible for medicare and medicaid? even though my state's majority went to obama , but midterm virginia elected a republican governor.

    March 23, 2010 at 9:40 pm |
  14. jeff

    You republicans should be ashamed of yourself, the common person is better off today than yesterday. You guys had 8 years or did you forget that, you did absolutely nothing but make your bank accounts larger than what it was before. Ask McCain what it feels like to lose badly because in November we democrats will take more of your jobs.
    How does it feel when you see democrats deliver for the american people rather than the wealthy. I have never been so proud of congress today, it feels my heart to know someone cares for me and my family and friends.

    March 23, 2010 at 9:19 pm |
  15. JB

    The sky is not falling.

    March 23, 2010 at 6:18 pm |
  16. ronvandm

    If these states pursue this tract I would IMMEDIATELY add an amendment to the bill that ALL of these states were on thier own!
    Let the PEOPLE vote all of them out or suffer the consequences.

    March 23, 2010 at 2:53 pm |
  17. Evan Jones

    What is unconstitutional is unconstitutional. If enough states file suit, it can and should be overturned. Medicaid and Medicare & social security are prime examples of failing government systems, and for our government to try and say this massive overhaul will turn out differently would fit the technical definition of being insane. Our annual federal budget with Medicare is 47 trillion dollars, and democrats say it's only capable of saving only 1 trillion over the next 10 years? As a financially sound citizen, I have to find ways to save 2% of my budget, why can't my government? The 32 million Americans without coverage can

    March 23, 2010 at 2:44 pm |
  18. Chuck Thomas

    I'm impressed by the other bloggers. I'm reassured that people really do evaluate health care reform on its merits rather than the narrow basis of political consequences. I'm concerned about the inevitable bankrupting effect that steadily rising premiums, out of pocket limits, and costs of medical services is going to have on people who are less fortunate than I am. This bill-which doesn't even address malpractice or the antitrust exemption that the health insurance companies currently enjoy-has to pave the path to a single payer system or people will be headed to the poorhouse. Without central regulation of the health insurance industry we will never see any more tax cuts. Maybe the wing nuts are not ruling public opinion after all.

    March 23, 2010 at 12:10 pm |
  19. Gerard

    All this amounts to is the perverbial good against evil.....Democrats against Republicans. That's how I see it....very simple. The behavior of the Repulbicans in Congress leads me to this conclusion. Democrats have listened to the victims of healthcare descrimination whereas the Republicans have not. GOOD AGAINST EVIL....

    March 23, 2010 at 11:20 am |
  20. Howard

    It appears if this country is to become an image of the European Union the electorate in a specific election should make that decision. This proponderence of ideology disreguards the democratic process and; therefore, underminds the states & citizens rights.

    March 23, 2010 at 10:54 am |
  21. apple

    Where were these screaming, demonstrating, suit filers when Bush was spending all the money Clinton left to fight a war that has taken thousands of innocent lives instead of fixing HEALTHCARE for needy, sick and dying Americans??

    Bush was a white president and the publicans are a white party.

    America is a very strong country. Very good country BUT America is ROTTING AND DESTROYING ITSELF INSIDE OUT because of its double standards and hate for each other!

    NOBODY CAN DEFEAT America but Americans and this is what they are doing and the enemies are watching and laughing!

    People would be foolish to vote such a hateful Republican party back in

    March 23, 2010 at 10:43 am |
  22. Karen

    I am a resident of Virginia and am angry that our Attorney General is planning on filing a lawsuit after President Obama signs the Healthcare Bill. The majority of Virginians voted for Pres. Obama and now our tax dollars are going to be used to file a lawsuit? I would also like to question why the Republicans who have for so long labeled themselves the moral majority does not demonstrate any moral responsibility for taking care of their fellow man by provinding them with basic health care? They feel so strongly that every life must be brought into this world but they feel no responsibility to help provide healthcare for that newborn life or mother or disabled child? I would ask every public servant involved in this issue, please do not tear this country apart over an issue that could help ease the pain and suffering of so many.

    March 23, 2010 at 9:51 am |
  23. Lu

    March 23rd, 2010 9:46 am ET
    Your comment is awaiting moderation.
    The signing of the health care bill is just the first step in what I feel should continue on to Universal Health. Requiring health insurance is not unconstitutional. We are required to have auto insurance and it is considered insane not to insure your home or in some areas of the country, flood insurance, and for good reason.
    What most people may not understand is that those uninsured end up becoming a liability to everyone when they utilize the healthcare system and the burden of payment is spread over the population. When thousands are uninsured it effects us all astronomically and this is what also drives up health care costs as hospitals have to compensate for this expenditure by inflating their costs to compensate for providing care to those that are uninsured.
    It is understandable that some will become frustrated with the idea of all Americans needing to have health care coverage, but in the end, I believe that we will find it has a more positive result.
    Now if we could just find a way to decrease the cost of medical supplies; Have you ever wondered why two "Tylenol" cost $10.00 when you are in the hospital? If we could work on solutions to the waste that occurs everyday in hospitals/clinics across the county, we
    could cut costs considerably.
    Lu

    March 23, 2010 at 9:48 am |
  24. Lu

    The signing of the health care bill is just the first step in what I feel should continue on to Universal Health. Requiring health insurance is not unconstitutional. We are required to have auto insurance and it is considered insane not to insure your home or in some areas of the country, flood insurance, and for good reason.
    What most people may not understand is that those uninsured end up becoming a liability to everyone when they utilize the healthcare system and the burden of payment is spread over the population. When thousands are uninsured it effects us all astronomically and this is what also drives up health care costs as hospitals have to compensate for this expenditure by inflating their costs to compensate for providing care to those that are uninsured.
    It is understandable that some will become frustrated with the idea of all Americans needing to have health care coverage, but in the end, I believe that we will find it has a more positive result.
    Now if we could just find a way to decrease the cost of medical supplies; Have you ever wondered why two "Tylenol" cost $10.00 when you are in the hospital? If we could work on solutions to the waste that occurs everyday in hospitals/clinics across the county, we
    could cut costs considerably.
    Lu

    March 23, 2010 at 9:46 am |
  25. Steve Hula

    Growing Pains! The opposition was the same when Social Security, Medicare & Medicaid were imposed, but now we don't know what we would have done without it!

    March 23, 2010 at 9:27 am |
  26. Michael Williams

    I live in Arizona and, despite what Senator McCain says, I support this health care reform! I'll say this again for Senator Kyl: "I live in Arizona and I SUPPORT health care reform!".

    I am fortunate to be in the higher tax bracket that will have to pay more to support health care reform, and I still think it is the right thing to do. Our nation needs better health care and people should not be required to make their employment choices based on health care insurance.

    I believe that the majority of Republicans are basically acting like little children who didn't get their way. They are upset that President Obama came to office and that Democrats gained a majority and so they are sitting, pouting, and opposing every reform. They are supposed to be working for their citizens, working for this nation. Instead, they are self-serving, and out of touch with their constituents. They have great health care, they are much wealthier that the majority of their constituents.

    Health care reform is the right thing to do for this country.

    March 23, 2010 at 9:08 am |