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Joyful HoneyBee
12-30-2009, 10:56 PM
http://www.foxnews.com/politics/2009/12/30/republican-attorney-generals-threaten-lawsuit-health-care/


AP

Republican attorneys general in 13 states say congressional leaders must remove Nebraska's political deal from the federal health care reform bill or face legal action, according to a letter provided to The Associated Press Wednesday.


COLUMBIA, S.C. (AP) -- Republican attorneys general in 13 states say congressional leaders must remove Nebraska's political deal from the federal health care reform bill or face legal action, according to a letter provided to The Associated Press Wednesday.

"We believe this provision is constitutionally flawed," South Carolina Attorney General Henry McMaster and the 12 other attorneys general wrote in the letter to be sent Wednesday night to House Speaker Nancy Pelosi and Senate Majority Leader Harry Reid.

"As chief legal officers of our states we are contemplating a legal challenge to this provision and we ask you to take action to render this challenge unnecessary by striking that provision," they wrote.

In a rare Christmas Eve vote, Senate Democrats pushed sweeping health care legislation to the brink of Senate passage, crushing a year-end Republican filibuster against President Barack Obama's call to remake the nation's health care system. The 60-39 vote marked the third time in as many days Democrats posted a supermajority needed to advance the legislation.

The letter was signed by top prosecutors in Alabama, Colorado, Florida, Idaho, Michigan, North Dakota, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Virginia and Washington state. All are Republicans, and McMaster and the attorneys general of Florida, Michigan and Pennsylvania are running for governor in their respective states.

Last week, McMaster said he was leading several other attorneys general in an inquiry into the constitutionality of the estimated $100 million deal he has dubbed the "Cornhusker Kickback."

Republican U.S. Sens. Lindsey Graham and Jim DeMint of South Carolina raised questions about the legislation, which they said was amended to win Nebraska Sen. Ben Nelson's support.

"Because this provision has serious implications for the country and the future of our nation's legislative process, we urge you to take appropriate steps to protect the Constitution and the rights of the citizens of our nation," the attorneys general wrote.

A conference committee begins meeting next year to work out a compromise between House and Senate versions of the bill. Experts expect those talks will likely last into February, and a spokeswoman for U.S. House Majority Whip Jim Clyburn, D-S.C., did not immediately comment on the letter.

McMaster says if the bill goes through to final approval with the benefit to Nebraska, taxpayers in the other 49 states will have to pay for it.

Meanwhile, Nelson is taking his message on health care reform directly to his constituents. In a television ad beginning during Wednesday night's Nebraska-Arizona Holiday Bowl football game, the Democrat says he stuck by his principles throughout the debate and doesn't want Nebraskans to be confused on his position.

While it's not uncommon for states to challenge federal laws in court, one legal expert said political bluster was likely behind the letter.

"I do think that it is some combination of the losers just complaining about the officiating, or complaining about how the game was played, in combination with trying to make the bill look as seedy and inappropriate as possible, for political purposes," says Andy Siegel, a former University of South Carolina School of Law professor now teaching at Seattle University School of Law.

"It is smart politics to try to tarnish it and make it look less like an achievement and more like some sort of corrupted bargain," he said.

Mr. P
12-30-2009, 10:57 PM
There WILL be more. Just watch.

Joyful HoneyBee
12-30-2009, 11:03 PM
It would be interesting to know how many American citizens would be interested in joining a class action lawsuit against congress for violating the Constitution of the United States of America with the various and assorted assaults they have leveled. After all, if we don't protect our Constitution, and we know they won't, then who will?

Mr. P
12-30-2009, 11:25 PM
It would be interesting to know how many American citizens would be interested in joining a class action lawsuit against congress for violating the Constitution of the United States of America with the various and assorted assaults they have leveled. After all, if we don't protect our Constitution, and we know they won't, then who will?

We have a duty to protect our Constitution. As far as class action...that's an interesting idea..It would be a first, I think.

avatar4321
12-30-2009, 11:38 PM
I dont think individuals will be given standing by the court in this case any more than they would be in fights over tax law.

The state attorney generals, however, can represent the states. I think it would be very wise for them to sue the federal government to stop overreaching more often.

Joyful HoneyBee
12-31-2009, 08:15 AM
I dont think individuals will be given standing by the court in this case any more than they would be in fights over tax law.

The state attorney generals, however, can represent the states. I think it would be very wise for them to sue the federal government to stop overreaching more often.

So, our responsibility as citizens would be to petition our state attorney general(s) to initiate a lawsuit in those instances where the federal government has violated the Constitution. I applaud them in these 13 states where they have already taken action. :clap: That's 13 down and 37 to go.

PostmodernProphet
12-31-2009, 08:43 AM
lol...sweet....the Republican AG of Michigan has just threatened to sue over a bill that the two Democratic Senators from Michigan just voted for.....state politics should get hot next year.....

Joyful HoneyBee
12-31-2009, 09:05 AM
Let's hope they do...and if citizens put enough pressure on their state and federal legislators, state attorney generals, and governors we may elicit enough backing to dismantle this massive government machine that has become the greatest threat to the liberty of the citizens of this country, exceeding even foreign terrorism.

Jeff
12-31-2009, 09:21 AM
Let's hope they do...and if citizens put enough pressure on their state and federal legislators, state attorney generals, and governors we may elicit enough backing to dismantle this massive government machine that has become the greatest threat to the liberty of the citizens of this country, exceeding even foreign terrorism.

This would be great, almost as if those elected actually believed they represented us, but how many of these so called representatives bused people in just so they didn't have to hear what the people really wanted when they took there break to hear from the people, Some are just going to vote party lines and not give a damn, those are the ones that need to be voted out

Joyful HoneyBee
12-31-2009, 09:37 AM
Absolutely, they need to be voted out. Individuals also have a responsibility to carefully examine the real politics demonstrated by anyone who runs and plug their ears to the rhetoric that comes out of their mouths. We simply have to be more watchful and less hopeful that anyone will truly live up to their empty promises.

HogTrash
12-31-2009, 09:56 AM
I wonder why no democrat Attorney Generals can see the obvious corruption that has taken place here?

The Democrat Party is nothing more than a criminal organization...The Mafia ain't got shit on these crooks.

Jeff
12-31-2009, 09:59 AM
I wonder why no democrat Attorney Generals can see the obvious corruption that has taken place here?

The Democrat Party is nothing more than a criminal organization...The Mafia ain't got shit on these crooks.

The Mafia would do a much better job than any of the yahoo's in Washington

chloe
12-31-2009, 10:17 AM
The Mafia would do a much better job than any of the yahoo's in Washington

well I guess you would know.....:laugh2: