Attorneys General Challenging Constitutionality Of Health Reform Awash In Cash From Health Industry

[kpete]

Source: Talking Points Memo

REPORT: Attorneys General Challenging Constitutionality Of Health Reform Awash In Cash From Health Industry

Since Democrats secured 60 votes to pass health care reform legislation — and passage became inevitable — prominent conservatives relaunched an under-the-radar campaign to invalidate reform through the legal system. On the eve of the final health care vote in the Senate, Sens. Jim DeMint (R-SC) and John Ensign (R-NV) invoked a “constitutional point of order” to allow the Senate to rule by majority vote on whether the “Democrat health care takeover bill” is unconstitutional.” Legislatures in approximately 14 states — organized by the American Legislative Exchange Council , a “business-friendly conservative group that coordinates activity among statehouses — have also introduced initiatives to ratify constitutional amendments that would repeal all or parts of the pending health care reform legislation and Attorneys General in at least 13 states are challenging a deal secured by Sen. Ben Nelson (D-NE) to fund Nebraska’s Medicaid expansion for perpetuity.

Yesterday, Sen. Orrin Hatch (R-UT), (along with two co-authors from the Family Research Council and the American Civil Union) penned an op-ed in the Wall Street Journal explaining “Why the Health-Care Bills Are Unconstitutional.” “The policy issues may be coming to an end, but the legal issues are certain to continue because key provisions of this dangerous legislation are unconstitutional,” they wrote, and went on to challenge the constitutionality of the individual mandate, the so-called sweet heart deal for Nebraska, and the requirements for states to establish health insurance exchanges and insurance regulations.

The effort may prove a strong political recruitment tool for conservative activists, but the legal reasoning has little support beyond the right edge of the Republican party — and the health care industry. Several weeks ago, the New York Times reported that “The states where the amendment has been introduced are also places where the health care industry has spent heavily on political contributions.” The industry has also contributed heavily to the campaigns of at least 7 of the 13 attorneys general threatening to sue the federal government over the Nebraska provision. (Campaign finance data was not readily accessible for the other 6 attorneys general.)

An analysis conducted by the Wonk Room of available campaign finance disclosures for AGs from South Carolina, Washington, Michigan, North Dakota, Pennsylvania, Utah and Idaho reveals that the health industry contributed heavily to their campaigns:


Read more: http://wonkroom.thinkprogress.org/2010/01/05/contributions-ag/

[Snotcicles]

1. Now thats what I call, Bribery. nt

[naaman fletcher]

2. I think this article demonstrates how corrupt everything and all sides are in this.

I want single payer. This bill is an abomination. I'm pretty close to thinking its better to just let the present system run itself into the ground than to pass the current bill.

[fascisthunter]

3. .

[Diane R]

4. The Washington State AG is a republican.....

[twitomy]

5. I dont give a flying fig who funds them...

because it doesnt change the fact that this bill, and the "mandate" in particular, is IMNSHO, unconstitutional.

[Iowa]

6. This piece of shit bill has managed to create widespread revulsion and outrage...

The only good that might come of this fiasco is that it may, once and for all, destroy the ignorant and naive notion that "bipartisanship" is the way to solve the nation's problems. When we needed an Alan Grayson, we got a Caspar Milquetoast. And this is the result.