20 States Now Joined In A Lawsuit Against ObamaCare
Update: In an interview, National Federation of Independent Business President Dann Danner said that NFIB with its 350,000 members will join the 20 States in the argument that Americans cannot be required under the Constitution to obtain insurance coverage.
Georgia Governor's Office: Atlanta – Governor Sonny Perdue announced that Georgia has officially joined 19 other states in challenging the federal healthcare reform act when the amended complaint was filed today.
The amended complaint now features 20 state plaintiffs and two individual plaintiffs; additionally, the National Federation of Independent Business (NFIB) joined the lawsuit as a co-plaintiff on behalf of its members nationwide."Congress's healthcare bill will exact a huge cost on our state and curtail our economic growth," said Governor Sonny Perdue. "Congress has gone too far in infringing upon individuals' rights by imposing burdensome regulations on all Americans."
The original lawsuit was filed against the U.S. Department of Health and Human Services, U.S. Department of Treasury and the U.S. Department of Labor on March 23, 2010, minutes after the health care reform act was signed into law by President Obama.
Georgia is being represented by Frank C. Jones as Special Attorney General. Jones is joined by a team of other pro bono lawyers serving as deputy Special Attorneys General including: Mike Russ, retired Partner at King & Spalding; Jason Alloy and Josh Belinfante of RobbinsLaw LLC; Pitts Carr of Carr & Palmer; John Parker and Keith Blackwell of Parker, Hudson, Rainer & Dobbs LLP; and Mercer University law professor David Oedel.
"Georgia's legal team has carefully considered our State's options for challenging the constitutionality of the federal healthcare reform legislation. We concluded that the Amended Complaint being filed today includes the strongest Constitutional arguments and, accordingly, that the interests of Georgia and its citizens are best served by joining in the Amended Complaint in the Florida action," said Frank C. Jones, Special Attorney General for the State of Georgia.
The individual mandate directly affects NFIB and its members by requiring those individuals to obtain health care or pay a penalty, giving NFIB a distinct basis to represent its individual members and join the lawsuit. The seven states who formally joined the lawsuit today are Indiana, North Dakota, Mississippi, Nevada, Arizona, Georgia and Alaska.
"Small business owners everywhere are rightfully concerned that the unconstitutional new mandates, countless rules and new taxes in the health care law will devastate their business and their ability to create jobs. They are also concerned about their personal freedoms," said Dan Danner, president and CEO of the National Federation of Independent Business. "This law is the first time the federal government has required individuals to purchase something simply because they are alive. If Congress can regulate this type of inactivity, then there are essentially no limits to what they can mandate individuals to do."
The lawsuit, filed in federal court in the Northern District of Florida on March 23, alleges that the new law infringes upon the constitutional rights of Floridians and residents of the other states by mandating all citizens and legal residents have qualifying health care coverage or pay a tax penalty. By imposing such a mandate, the law exceeds the powers of the United States under Article I of 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.
The lawsuit further claims the health care reform law infringes on the sovereignty of the states and Tenth Amendment to the Constitution by imposing onerous new operating rules that Georgia and the other states must follow as well as requiring the state to spend additional dollars without providing funds or resources to meet the state's cost of implementing the law. Online copy of the lawsuit.
Tags: States, lawsuit, ObamaCare, Federal health care, big government, infringement on individual rights, Georgia, sovereignty, 10th Amendment, mandatory health care insurance, tax pentalty To share or post to your site, click on "Post Link". Please mention / link to the ARRA News Service. Thanks!
The amended complaint now features 20 state plaintiffs and two individual plaintiffs; additionally, the National Federation of Independent Business (NFIB) joined the lawsuit as a co-plaintiff on behalf of its members nationwide."Congress's healthcare bill will exact a huge cost on our state and curtail our economic growth," said Governor Sonny Perdue. "Congress has gone too far in infringing upon individuals' rights by imposing burdensome regulations on all Americans."
The original lawsuit was filed against the U.S. Department of Health and Human Services, U.S. Department of Treasury and the U.S. Department of Labor on March 23, 2010, minutes after the health care reform act was signed into law by President Obama.
Georgia is being represented by Frank C. Jones as Special Attorney General. Jones is joined by a team of other pro bono lawyers serving as deputy Special Attorneys General including: Mike Russ, retired Partner at King & Spalding; Jason Alloy and Josh Belinfante of RobbinsLaw LLC; Pitts Carr of Carr & Palmer; John Parker and Keith Blackwell of Parker, Hudson, Rainer & Dobbs LLP; and Mercer University law professor David Oedel.
"Georgia's legal team has carefully considered our State's options for challenging the constitutionality of the federal healthcare reform legislation. We concluded that the Amended Complaint being filed today includes the strongest Constitutional arguments and, accordingly, that the interests of Georgia and its citizens are best served by joining in the Amended Complaint in the Florida action," said Frank C. Jones, Special Attorney General for the State of Georgia.
The individual mandate directly affects NFIB and its members by requiring those individuals to obtain health care or pay a penalty, giving NFIB a distinct basis to represent its individual members and join the lawsuit. The seven states who formally joined the lawsuit today are Indiana, North Dakota, Mississippi, Nevada, Arizona, Georgia and Alaska.
"Small business owners everywhere are rightfully concerned that the unconstitutional new mandates, countless rules and new taxes in the health care law will devastate their business and their ability to create jobs. They are also concerned about their personal freedoms," said Dan Danner, president and CEO of the National Federation of Independent Business. "This law is the first time the federal government has required individuals to purchase something simply because they are alive. If Congress can regulate this type of inactivity, then there are essentially no limits to what they can mandate individuals to do."
The lawsuit, filed in federal court in the Northern District of Florida on March 23, alleges that the new law infringes upon the constitutional rights of Floridians and residents of the other states by mandating all citizens and legal residents have qualifying health care coverage or pay a tax penalty. By imposing such a mandate, the law exceeds the powers of the United States under Article I of 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.
The lawsuit further claims the health care reform law infringes on the sovereignty of the states and Tenth Amendment to the Constitution by imposing onerous new operating rules that Georgia and the other states must follow as well as requiring the state to spend additional dollars without providing funds or resources to meet the state's cost of implementing the law. Online copy of the lawsuit.
Tags: States, lawsuit, ObamaCare, Federal health care, big government, infringement on individual rights, Georgia, sovereignty, 10th Amendment, mandatory health care insurance, tax pentalty To share or post to your site, click on "Post Link". Please mention / link to the ARRA News Service. Thanks!
Posted by Bill Smith at 1:20 PM - Post Link
3 Comments:
We are half way there to get 38 states, just 18 more, to have a 3/4 majority rule and get the Obama Health Care stopped completely! Get this "LAW" reversed. I hope to see other states like Arkansas, to join with the 20 states, which already filed their lawsuit against this un-Constitutional Health Care Reform. We need to stop the Federal Government from forcing issues like the Health Care Law down the throats of the American People! It's time We the People have our say in what we want not the President forced programs, that our children will be forced to pay, loosing their God given freedom!
While Arkansas Governor and AG, both democrats, have refused to join in this lawsuit, a private organization, Secure Arkansas has agreed to file suit on behalf of Arkansans.
It was a very sad day in Arkansas when its leaders choose to yield to the liberal agenda of the Obama administration when over 60% voted against President Obama. It is evident that establishment democrats do not care about protecting state sovereignty or in protecting individuals from being forced to pay to buy mandated health care insurance or face fines, loss of property or potential future imprisonment.
Dr Bill, great point, as well, Georgia has a Democrat A/G who refused to file the lawsuit, however our Republican Governor has some individuals Lawyers whom agreed to file the suit without charging the taxpayers of Georgia a dime. In Florida, the "turncoat" Republican Governor Charlie Crist refused to file but the Fla. A/G had the guts to stand up first and in minutes after the Obama Health Care was signed into law, filed the lawsuit. Great people like these men, who will stand for the Constitutional principle, is where we need leadership to gain our country's freedom back for the people. Every single elected official who will not stand up should be voted out and in some case be impeached from any office held!
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