Tuesday, March 23, 2010

Idaho Joins 13-State Health Care Protest Suit

Posted By on Tue, Mar 23, 2010 at 10:55 AM

Idaho has joined a multi-state lawsuit alleging the recently-passed health-care reforms are unconstitutional The suit was filed today in Florida.

“Our complaint alleges the new law infringes upon the constitutional rights of Idahoans and residents of the other states by mandating all citizens and legal residents have qualifying health care coverage or pay a tax penalty,” Attorney General Wasden said in a press release posted this morning on his office Web site. “The law exceeds the powers of the United States under Article I of the Constitution and violates the Tenth Amendment to the Constitution. Additionally, the tax penalty required under the law constitutes an unlawful direct tax in violation of Article I, sections 2 and 9 of the Constitution."

Gov. C.L. "Butch" Otter also weighed in, asserting the states' rights argument.

“Idaho’s congressional delegation, the Idaho Legislature, Attorney General Wasden, the people of our state and I stand together in opposing this blatant violation of states’ rights and individual liberty,” Governor C.L. “Butch” Otter said in the same release. “Legal scholars keep saying this lawsuit is futile ‘if the law is constitutional.’ Well, we contend the federal government has overstepped its authority with this law, and that it’s our duty to challenge it.”

A copy of the suit is available here. Along with Florida and Idaho, the following states have also joined: South Carolina, Nebraska, Texas, Utah, Louisiana, Alabama, Colorado, Michigan, Pennsylvania, Washington and South Dakota.

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