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McCollum denies politics behind health care lawsuit, 'This bill is wrong'

Florida's Republican Attorney General Bill McCollum formally announced today that he'll challenge the constitutionality of the new health care bill to be signed into law by President Obama.

The lawsuit would be joined by several other states, including South Carolina, Utah, Nebraska, South Dakota, North Dakota, Texas, Alabama, Pennsylvania and Washington.

The rub: The plan requires most Americans to carry health insurance or face a fine. "This is a tax or a penalty on just living. And that's unconstitutional," McCollum said in a news conference this morning. "There is no provision in the Constitution of the United States giving Congress the power to do that. So it's the absence of authority that is unconstitutional."

"No politics involved with this whatsoever," he said. "This bill is wrong."

McCollum, a former congressman, said a second problem is that is "manipulates" the states to get them to do things the federal government cannot do itself and would require the use of state money to cover an expansion of Medicaid.

Some legal scholars doubt the lawsuit would stand scrutiny. Georgetown Law professor Randy E. Barnett wrote in the Washington Post, "While such provisions may have a political impact, none is likely to have any effect on the legislation's constitutionality. Under the 10th Amendment, if Congress enacts a law pursuant to one of the "powers . . . delegated to the United States by the Constitution," then that law is supreme, and nothing a state can do changes this. Any state power to "nullify" unconstitutional federal laws has long been rejected."

McCollum is running for governor but denied politics were driving his actions. "This is a constitutional duty I have ... to protect the citizens of this state, to protect an unconstitutional invasion of the state, if you will, by the federal government."

Comments

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Vern

3 dozen other sttaes are doing similar things. It doesn't hurt him politically, but this is not just politics for McCollum.

ALBERTO  RESTREP

Great another dirty republicrook, paid by the narcopharma and the insurance corporations.the bill passed eat your hart out(republicans don t have that).
trickey nixon send all jobs to china, gave us watergate,demented regan gave us iran contras and oliver north,cinni/bushii gave us 9/11 homeland security.tax cut for the top 2 % to send jobs to china.two unpaid wars/weapons of massdestruction creating the biggest deficit,.the worst health care in the world for the money for the ruplican corporation that buy political votes.60% of what we pay in health care goes to insurance corporation and republicrooks politicians.they spend over 700 million dollars to stop the reform. honesty won.
we have a great president but the racist bigots kkk, teapartiers cant handle the truth.
why in 8 years the republicrooks did not fix the problems?

jaguar

Alberto,
Maybe you should not post anything until after running it through spellcheck, and after you take your meds.
But thanks for the insight from the psychotic wing of the Democratic Party. At least you didn't use ALL CAPS!

larry

Of course it's politics for McCollum. Unless he is trying out for the Comedy Channel.

Ron Stone

I say go getem. Maybe we can kill this power grabbing bill that has very little to do with improving healthcare in this country.

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