See also:
– US Heads For Civil War Over ObamaCare
– Judge Rules Virginia Can Continue Its Lawsuit To Stop Unconstitutional Obamacare
States respond in health care overhaul lawsuit
PENSACOLA, Fla. (AP) — Twenty states and the nation’s most influential small business lobby plan Friday to file their response to the government’s attempt to dismiss their lawsuit challenging President Barack Obama’s health care overhaul.
The Justice Department in June asked a federal judge to dismiss the lawsuit, saying the U.S. District Court in Pensacola lacks subject-matter jurisdiction over some of the lawsuit’s claims. They also said other parts of the lawsuit failed to state claims upon which relief can be granted.
The states, the National Federation of Independent Business and several individual taxpayers will file their response in Pensacola federal court.
A key issue raised by their lawsuit is whether the federal government can require individuals to purchase health care insurance and fine those who don’t.
The court must hear the case to preserve individual liberties granted through the Constitution, said Karen Harned, executive director of the Small Business Legal Center of the National Federation of Independent Business.
“The federal government does not have the authority to regulate an individual’s decision to do nothing. If they did, then they could force us to purchase any product they want,” she said.
In a statement, Harned said the government’s motion to dismiss was based on “political rhetoric and flimsy legal arguments” and was an attempt to distract the court from evaluating the case’s constitutional issues.
Florida Attorney General Bill McCollum, a Republican candidate for governor, is leading the legal challenge. Other states that have joined the lawsuit are Alabama, Alaska, Arizona, Colorado, Georgia, Indiana, Idaho, Louisiana, Michigan, Mississippi, Nebraska, Nevada, North Dakota, Pennsylvania, South Carolina, South Dakota, Texas, Utah and Washington.
U.S. District Judge Roger Vinson has set a Sept. 14 hearing to consider arguments on the motion to dismiss.
In its motion to dismiss the lawsuit, the Justice Department said the requirement to buy coverage is an exercise of Congress’ constitutional power to tax and spend. Government attorneys also have said that while reasonable people may disagree on issues such as the health care overhaul, it cannot be moved from the elected branches of government into the courts without a genuine constitutional issue, which they maintain is absent in this case.
The states argue the new law will require them to pay additional Medicaid costs not covered by the federal government, but that they cannot opt out of the program for low-income and disabled people because it has become too popular.
They maintain that violates the 10th Amendment, which says the states and people have powers that the constitution does not grant to the federal government nor prohibit the states from having.
The health care law, passed along partisan lines, requires most Americans to carry health insurance — through an employer, a government program, or by buying their own policy. The mandate is effective in 2014. Insurers will then be required to take all applicants, and the government will offer tax credits to help middle-class households pay premiums. Medicaid will be expanded to cover millions more low-income people.
Individuals who refuse to get health insurance will face a tax penalty, with exceptions for financial hardship and religious reasons.
AP foreign, Friday August 6 2010
JENNIFER KAY
Source: AP
Change we can believe in:
– Elena Kagan Blocked At Least 9 Obama Eligibility Lawsuits
– US: Food stamp Use Hit Record 40.8 Million in May
– US Heads For Civil War Over ObamaCare
– Judge Rules Virginia Can Continue Its Lawsuit To Stop Unconstitutional Obamacare
– Admiral Mike Mullen: US has plan to attack Iran (if needed)
– Arizona Sheriff Paul Babeu: ‘Our Own Government Has Become Our Enemy’
– President Obama Kills 66 More US Soldiers in July
– Obama Administration Proposal To Give FBI Access To Your Internet History Without Court Order
– SEC Says New Financial Regulation Law Exempts it From Public Disclosure, incl. FOIA!!!
– Nancy Pelosi Blocks Gulf Disaster Investigation
– And Now ObamaService? H.R. 5741: Universal National Service Act
– Obama Bankster Bill Lets Banks Have US Over A Barrel Again
– Obamacare: Gold Coin Sellers Angered by New Tax Law
– GLOBE MAGAZINE: OBAMA BORN IN AFRICA! WHY HIS PRESIDENCY IS ILLEGAL (!)
– Rep. Michele Bachmann: Obama Is Making The US ‘A Nation Of Slaves’
– General James Mattis who said it was ‘fun to shoot people’ takes over US Central Command
– EU gives US access to its citizens’ private financial data
– Obama Administration To Sue Arizona Over Immigration Law
– Third US carrier, 4,000 Marines augment US armada opposite Iran
– Now truth is bad for you: ‘Obama warns Erdogan international Gaza flotilla probe bad for Turkey’
– Obama Internet ‘Kill Switch’ Approved By Senate Committee
– Americans buying their own health insurance face an average 20 percent increase in premiums
– Big Brother DHS And DOD Want To Open US Skies To Spy Drones
– President Obama Has Already Outdone Every Previous President In Prosecuting Whistleblowers
– US government debt to rise to $19.6 trillion by 2015
– Left-Wing Icon Daniel Ellsberg: ‘Obama Deceives the Public’
– US: $13 Trillion Debt Poised to Overtake GDP (Chart of Day)
– 10 US States Where An Absurd Percentage Of The Population Works For The Government
– US ’secret war’ expands globally as Special Operations forces are deployed in 75 countries
– Paul Craig Roberts: A Plague Upon The World: The USA is a “Failed State”
– President Obama Wins The Right to Detain People With No Habeas Review
– US posts 19th straight monthly budget deficit; April deficit nearly four times higher than in 2009
– Hyperfast missile to strike anywhere on Earth within an hour wins President Obama’s support
– President Obama Repaying His Masters At Goldman Sachs
– Marriage Penalties Increase Dramatically Under ObamaCare
– The No.1 Trend Forecaster Gerald Celente on ObamaCare, Dollar Devaluation And Gold
– Rep. Ron Paul: President Obama Is ‘Not A Socialist.’ ‘He Is A Corporatist.’
– Dylan Ratigan Show With Alan Grayson: The Great Con Job By The Fed, The Government And The Banksters
– Michelle Obama says Barack’s Home country is Kenya – full statement
– Obama Administration Approves Targeted Killing of American Cleric
– Judge Napolitano on Obama’s Private Army
– Obama Gives ‘Pesticide Lobbyist’ Post as Chief Agricultural Negotiator
– It’s Official: America Now Enforces Capital Controls
– Rep. Ron Paul: Healthcare Will Drive US To Bankruptcy
– Gerald Celente: This time they will close the Banks & Wall Street (03/27/10)
– John Pilger: Have a Nice World War III, Folks
– The War on WikiLeaks … and Why It Matters
– White House Press Corps longest-serving member Helen Thomas on her one question for Obama
– Joe Biden to Barack Obama: ‘Mr. President, This Is A Big F****** Deal’
– Rep. Ron Paul: Healthcare Bill is ‘Blatantly Unconstitutional And Contrary to The Ideals of Liberty’
– US: THE Most Important Chart of the CENTURY
– Health Care Bill ‘Dangerously Expands IRS’s Power’
– US Government Preparing For Civil Unrest In America
– Record: National Debt Up $2 Trillion in Just 421 Days on Obama’s Watch
– Obama agencies invoking secrecy provision more often than under Bush
– US budget deficit hits record $221bn, the largest monthly deficit in history
– Michael Moore: ‘Democrats are a bunch of wusses … It’s disgusting … I’m sick of them’
– President Obama signs one-year extension of Patriot Act
– Cybersecurity Bill To Give President Obama New Emergency Powers
– Judge Napolitano and Angela Keaton on Freedom Watch: Obama’s Bush Foreign Policy
– Obama Signs Law Raising Public Debt Limit from $12.4 Trillion to $14.3 Trillion
– President Obama’s Pledge Never to Raise Taxes on Anyone Making Less Than $250,000 a Year
– Paul Craig Roberts: It Is Now Official: The U.S. Is A Police State
– Prof. Russell Roberts Testifies Before House Committee: ‘I Want My Country Back!’
– Director of National Intelligence Says US May Kill Americans Abroad
– President Obama Ups Pakistan Drone Strikes in Assassination Campaign
– The New Vision of the Obama Administration: War Without End
– Pentagon’s New Record Black Budget Tops $56 Billion
– Rep. Ron Paul on Obama seeking to assassinate ‘US citizens’ he labels as terrorist
– White House to Paint Grim Fiscal Picture: Another Record Budget Deficit
– US: GDP Mirage – The Last Hurrah
– Marc Faber: Obama Makes Bush Look Like a Genius
– Obamanomics: Why Did the ‘Stimulus’ Fail to Help the US Economy?
– Paul Craig Roberts: How Wall Street Destroyed Health Care – Greed, Be Thou My God
– President Obama to indefinitely imprison detainees without charges
– Ron Paul: US Foreign Policy is Bankrupting America
– Rep. Ron Paul: State of the Republic Address – ‘Dangerous Times Indeed.’
– America’s Impending Master Class Dictatorship! (MUST-READ!)
– The CFR Controls American News/Media
– US: Unfunded Benefits Dig States’ $3 Trillion Hole
– The No.1 Trend Forecaster Gerald Celente: Financial Mafia Controlling US and Wall Street
– Peter Schiff: The Lunacy of US Government Programs
– Former Dean of Harvard College Harry R. Lewis: Larry Summers, Robert Rubin: Will The Harvard Shadow Elite Bankrupt The University And The Country?
– Experts: Dollar Crisis Looms if US Doesn’t Curb Debt
– Fitch: US Must Cut Spending To Save AAA Rating; US December Deficit Nearly Doubles
– The Coming Sovereign Debt Crisis
– US slides deeper into depression as Wall Street revels
– PIMCO’S Bill Gross: ‘Let’s Get Fisical’ (… or why the US will not make it.)
– Barack Obama’s Health Care Lies And Reversals
– US sheds 85,000 jobs in December; Record 40% Of Unemployed Without Job For 27+ Weeks
– US: Public Pensions Face $2 Trillion Deficit
– U.S. Avoids Technical Default By Three Days
– As an American, I refuse to buy mandatory health insurance … that supports Big Pharma
– Prof. Dr. David Michael Green: Now I’m Really Getting Pissed Off … With Obama
– US Treasuries Post Worst Performance Among Sovereign Markets In 2009
– US losses will top $400 billion on Fannie Mae and Freddie Mac
– US: More Ammo For The Treasury Bazooka
– US government wants farmers to use coal waste on fields
– The No.1 Trend Forecaster Gerald Celente: The Terror And The Crash of 2010
– We’re Screwed! Hyperinflation like in the Weimar Republic; Great Depression worse than in the 1930s
– US Congress: Banksters Get $4 Trillion Gift From Barney Frank
Traitor in chief:
– Treason: Obama gives INTERPOL immunity from the Constitution (Amending Executive Order 12425)
– Peter Schiff on Obamacare, Freddie Mac & Fannie Mae: The Nightmare Before Christmas
– Obama administration backs Fannie Mae and Freddie Mac no matter how big their losses may be
– Rep. Dennis Kucinich: US War Presidents ignore Congress and Constitution
– Obamacare: Big payoffs to senators on health bill stoke public anger
– US: Trillions Of Troubles Ahead
– Chinese central banker Zhu Min: ‘The world does not have so much money to buy more US Treasuries.’
– Obamacare: Change Nobody Believes In
– Obama’s surge comes at a cost: At least $57,077.60 per minute
– US National Debt Tops Debt Limit
Hypocrite in Chief (Funny):
– President Obama: Another Busy Day in The Oval Office!
– Fascism in America: By Political Definition The US Is Now Fascist, Not A Constitutional Republic
– John Williams of Shadowstats: Prepare For The Hyperinflationary Great Depression
Liar in Chief (NOT funny!!!):
– Barack Obama Lies 7 Times In Under 2 Minutes!!!!!
– Rep. Dennis Kucinich: ‘These Wars Are Corrupting The Heart Of Our Nation!’
– Famous Investor Jim Rogers: Incompetence In Washington, Abolish The Fed And The Treasury
– Rep. Dennis Kucinich: The Truth About Afghanistan
– Obama’s Big Sellout (Rolling Stone Magazine)
– Obama administration to lift debt ceiling by $1.8 trillion
– Climategate: President Obama’s rule by EPA decree is a coup d’etat against Congress, made in Britain
– Obama administration tells Pakistan: Tackle Taliban or we will
– MSNBC Rachel Maddow: War President Obama
– Ron Paul: ‘Obama is Actually Preparing Us For Perpetual War’
– Afghanistan Surge to Cost At Least $40 Billion, That Is $1.333.333 For One US Soldier Per Year
Liar in Chief (Over 300 soldiers died in 2009 because of this lie!!!):
– Obama: ‘I will promise you this, that if we have not gotten our troops out by the time I am President, it is the first thing I will do. I will get our troops home. We will bring an end to this war. You can take that to the bank.’
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