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Kansas Attorney General Refuses To Sue Federal Government Over Health Care Reform

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kpete Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-03-10 11:25 AM
Original message
Kansas Attorney General Refuses To Sue Federal Government Over Health Care Reform
Source: Think Progress

Kansas Attorney General Refuses To Sue Federal Government Over Health Care Reform

Steve Six Yesterday, Kansas Attorney General Steve Six announced that his office would not be joining other states’ attorneys general in suing the federal government on the allegation that the new health care law is unconstitutional. From his statement:

The attorney general’s office has completed its legal review of the Patient Protection and Affordable Care Act. Based on that extensive analysis, I do not believe that Kansas can successfully challenge the law. Our review did not reveal any constitutional defects, and thus it would not be legally or fiscally responsible to pursue this litigation. <...>

Legal precedent demonstrates that throughout our nation’s history, the U.S. Supreme Court has been reluctant to overturn legislative acts unless a clear and direct constitutional violation is shown. Article I, section 8 of the U.S. Constitution expressly gives Congress the power to legislate on matters affecting interstate commerce. The Supremacy Clause makes these laws supreme, regardless of any state laws or state constitutional provisions to the contrary. No serious argument may be advanced that the healthcare industry and all those who participate in it — including doctors, nurses, patients and insurers — are not part of interstate commerce. <...>

I do not believe it is in the best interest of Kansas to divert resources from these vital legal matters to pursue a lawsuit driven by political differences and policy debates, a lawsuit that I believe has little to no chance of success and will squander scarce resources in a time of severe budget shortfalls.

Read more: http://thinkprogress.org/2010/04/03/kansas-health-care/
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tyne Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-03-10 11:27 AM
Response to Original message
1. You mean....
he doesn't want to get Kansas involved in a frivilous lawsuit?
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Stuckinthebush Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-03-10 11:37 AM
Response to Original message
2. What a great name
Steve Six

He sounds like a punk rocker from the 80s.
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thecrow Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-03-10 11:53 AM
Response to Original message
3. Good for him
I should send this to Cuckoonelli
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valerief Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-03-10 12:41 PM
Response to Original message
4. They took away the teaching of creationism from school curriculums, too.
Some Kansans have their heads screwed on straight.
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kmac3 Donating Member (251 posts) Send PM | Profile | Ignore Sat Apr-03-10 01:29 PM
Response to Original message
5. A Chance To Be Proud
I am totally impressed with this man .... he is not letting political pressure dictate his job. If Kansas looses the few Democratic members it has we will be doomed by the radical conservatives that continually threaten to rule by religion rather than law.
:yourock:
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AngryKansasknitter Donating Member (38 posts) Send PM | Profile | Ignore Wed Apr-07-10 04:44 PM
Response to Original message
6. Amen and Praise God!!!!
Finally SOMEONE with a lick of sense...and a shred of intelligence about them! I bet the republithugs are throwing temper tantrums and hissy fits...yay!!!!!

Nita
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