Ten attorneys general may sue over Nebraska HCR deal

The attorneys general of ten separate States might take legal action against the federal government, claiming that the provision in the just-passed Senate health-care reform bill that exempts Nebraska from paying any share of expenses from expansion of Medicaid in that State is unconstitutional.

Texas Attorney General Greg Abbott (R) announced yesterday that he and several of his counterparts will explore their legal options in several conference calls beginning next week. He provided few details of the specific grounds of any possible lawsuit, saying that his own legal analysis is in an early stage, according to the Associated Press.

If it is upheld, then there really are no limitations in actions that Congress can take where literally they're taking taxpayer dollars from one state and giving it to another.

The first attorney general to consider such action was the AG of South Carolina, who acted on requests made to his office by Senators Jim DeMint and Lindsay Graham of South Carolina. The Texas AG was next to announce his decision. Yesterday he released a list of all the attorneys general with whom he had been in contact. They include the AGs of Alabama, Colorado, Michigan, North Dakota, Pennsylvania, South Carolina, Utah, and Washington. They also include the AG-elect of Virginia, elected last November. The AP also mentioned that high-ranking Republicans in Georgia, New York and Tennessee were trying to urge their respective AGs to participate.

Texas Governor Rick Perry (R) gave his support to Abbot's organizing efforts by sending a letter of his own to several of his fellow governors, urging them to encourage their own AGs to join those who are already lining up with Abbot and his South Carolina counterpart.

This health care bill and its unfunded mandates are unhealthy to taxpayers, our economy and our democracy. I urge you to support the efforts of these attorneys general and ask your own to join it, and to work with me in ongoing efforts to assert the constitutional rights of states, as guaranteed under the 10th Amendment, to turn back the "one-size-fits-all" health care bill being forced through by Congress. Together we can forge a powerful effort to ensure real health care reform without having the states left holding the budgetary bag for Congress yet again.

What exactly Perry meant by "real health care reform," he did not specify.

The Tenth Amendment to the Constitution reads:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

In New Jersey, State Assembly members Gary Chiusano (NJ-24), Alison Littell McHose (NJ-24, and Richard A. Merkt (NJ-25) on June 22, 2009 introduced ACR238, a measure intended to put New Jersey on record as asserting sovereingty in all matters not delegated to the federal government, as the Tenth Amendment provides. That bill was assigned to the Assembly State Government Committee, which has not acted on it.

The State of New Jersey hereby claims sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government.  This resolution serves as notice and demand to the federal government, as our agent, to cease and desist, effective immediately, mandates that are beyond the scope of these constitutionally delegated powers.

A separate Web page is available at this link showing other Tenth Amendment-related bills and concurrent resolutions pending in other States.

Previous articles:

• Rep Michele Bachman wants 'House call' from ordinary citizens
• 'House call' draws big crowd on short notice
• Health care reform still might not pass the Senate
• Epic healthcare reform battle in Senate
• Two recent polls spell trouble for Obama health care reforms
• Democrats struggle for 60 votes as Senate healthcare debate begins
• Public option continues to divide Senate Democrats
• Abortion, public option, price might stop healthcare reform
• Public option might be replaced
• CMS actuary warns Senate bill will cost more
• Senator Lieberman not satisfied with Democratic compromise
• White House allegedly orders Reid to deal with Lieberman
• Health care reform coalition might be unraveling
• Nelson accepts provisions--and deal--but Stupak not satisfied
• Senate musters 60 votes for health care bill
• Healthcare reform opponents prepare constitutional challenges
• CBO suggests Democrats are double-counting Medicare savings

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