We think you're near Los Angeles

Ohio AG DeWine makes state 21st to challenge 'Obamacare' in FLA fed court case

COLUMBUS, Ohio (CGE) - Ohio's new Attorney General, Mike DeWine, announced Monday, the day after he was officially sworn into office, he has officially authorized action on behalf of Ohio that would add the state to the growing roster of states challenging the constitutionality of the nation's healthcare law he and others refer to as 'Obamacare.'

"Our Constitution provides for a federal government of significant, but defined and limited powers," DeWine said in a prepared statement. "By ignoring the constitutional limits on federal power, the healthcare law tramples on the rights of Ohio's citizens. We need to defend the checks and balances that our Constitution creates through its divisions of power and protect the people of Ohio from this huge federal overreach."

DeWine does 180 from Cordray on health care law

DeWine's announcement today is a stark change from the Democrat he beat in November - by fewer than 50,000 votes - who declined to attack the Affordable Patient Care Act for reasons based on its constitutionality, vis a vis the individual mandate, or to join in with Republicans who have pegged it as their number one issue to fight this year.

Advertisement

Twenty states have already asked the United States District Court for the Northern District of Florida to declare the Patient Affordability Health Care law unconstitutional. The lawsuit challenges the healthcare law's unprecedented claim of federal power to require individuals across the country to go out into the marketplace and purchase certain, federally-approved health insurance coverage or face financial penalties, DeWine said in his statement.  He added that this 'individual mandate' far exceeds the authority of the federal legislature under Article I of the United States Constitution and is not authorized by Congress' power "to regulate commerce … among the several states."  The complaint asks the Court to declare the Act unconstitutional and to enjoin the federal bureaucracy from enforcing the Act against Ohio and the other Plaintiff States.

"The federal government simply does not have the right to force someone to buy a product -- be it health insurance or any other type of goods or services that an individual may or may not want -- or face a penalty," DeWine noted.

The Florida case is one of two lawsuits thus far brought by states to have the healthcare law declared unconstitutional, according to DeWine's media release.  Less than a month ago, on December 13, a federal Judge in Virginia ruled in a case involving that state that the Act's individual mandate is, indeed, unconstitutional as beyond the power of Congress.

A copy of Attorney General DeWine's letter to Florida Attorney General Pam Bondi, giving Ohio's agreement to seek inclusion in the lawsuit, can be viewed here: www.OhioAttorneyGeneral.gov/FloridaLetter.

Click 'Subscribe' above to have the next CGE column delivered via email to you. Read more stories on people, politics and government in Ohio here, or on Facebook or Twitter. Send news or tips to ohionewsbureau@gmail.com


, Columbus Government Examiner

John Michael Spinelli is a communication professional and former credentialed Ohio statehouse journalist. His professional background in economic development, combined with his work for the Ohio Senate, The Ohio Public Works Commission and the Office of Ohio Secretary of State, give him great...

Comments

  • Profile picture of Jennifer Saralidge
    Jennifer Saralidge 1 year ago

    Join the largest group of Americans to stop Obamacare. Sign the Repeal Pledge and save America. http://www.therepealpledge.com

  • terryjobe 1 year ago

    I have posted this already here before You guys should stop complaining because, one the health care we have now isnt as good as it was supposed to be. also the law has just been signed so give it some time. so if u want to say u have the right to choose tell that to ur congress men or state official. If you do not have insurance and need one You can find full medical coverage at the lowest price check search online for "Wise Health Insurance" If you have health insurance and do not care about cost just be happy about it and believe me you are not going to loose anything!

Add a new comment

Join the conversation! Log in here or create a new account if you've never registered before.

Got something to say?

Examiner.com is looking for writers, photographers, and videographers to join the fastest growing group of local insiders. If you are interested in growing your online rep apply to be an Examiner today!

Don't miss...