Benemax

Earlier we reported that more than 30 states are preparing to challenge the just passed Health Care Reform bill on Constitutional grounds. Here’s an up to the minute look at where that process stands:

Attorneys general from several states said Monday that they will sue to block the plan on constitutional grounds to stop the federal government overstepping its constitutional powers and usurping states’ sovereignty.

Ten of the attorneys general plan to band together in a collective lawsuit on behalf of Alabama, Florida, Nebraska, North Dakota, Pennsylvania, South Carolina, South Dakota, Texas, Utah, and Washington.

“To protect all Texans’ constitutional rights, preserve the constitutional framework intended by our nation’s founders, and defend our state from further infringement by the federal government, the State of Texas and other states will legally challenge the federal health care legislation,” said Texas Attorney General Greg Abbott, in a statement.

Virginia Attorney General Kenneth Cuccinelli, who plans to file a suit in federal court in Richmond, said Congress lacks authority under its constitutional power to regulate interstate commerce to force people to buy insurance. The bill also conflicts with a state law that says Virginians cannot be required to buy insurance, he said.

“If a person decides not to buy health insurance, that person by definition is not engaging in commerce,” Cuccinelli said in recorded comments. “If you are not engaging in commerce, how can the federal government regulate you?”

In addition to the pending lawsuits, bills and resolutions have been introduced in at least 36 state legislatures seeking to limit or oppose various aspects of the reform plan through laws or state constitutional amendments, according to the National Conference of State Legislatures.

So far, only two states, Idaho and Virginia, have enacted laws, while an Arizona constitutional amendment is seeking voter approval on the November ballot. 

Florida Attorney General Bill McCollum, a Republican candidate running for governor, said the mandate would cost Florida at least $1.6 billion in Medicaid alone.

“The health care reform legislation passed by the U.S. House of Representatives last night clearly violates the U.S. Constitution and infringes on each state’s sovereignty,” McCollum, said Monday.

Idaho Gov. C.L. “Butch” Otter recently became the first governor to sign state legislation requiring the state attorney general to sue the federal government over the mandatory coverage clause, according to Fox News.

Many states cite the 10th Amendment, which says “powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states,” as proof that the U.S. government cannot set their healthcare laws.

…and the beginning of Chapter Two. The House of Representatives passed the Senate’s massive health care reform bill last night (by just 4 votes) along with a “Fix-it” side-car. Now the main legislation goes to the President’s Desk (he is expected to sign it no later than Tuesday) while the Fix-it bill goes to the Senate for debate.

In a day or two, Health Care Reform will be the law of the land. But this is just the beginning of the story. Now begins the real struggle for the heart and minds of the American people and for the future of our economy and social fabric. So what’s next?

First, many provisions of the Health Care Reform bill can be modified by the Fix-it bill. This bill needs only 51 votes to pass The Senate but it can be amended. Republicans and like-minded Democrats can (and probably will) offer hundreds of amendments. If they are smart, they will use this opportunity not to obstruct the current bill but to present their own version of Health Care Reform to the American people, offering amendments that will lower cost, trim bureacucracy, and promote consumerism. If even one of these amendments passes, the Fix-it bill must go back to the House for a final ok.

Second, many of the details of the legislation have been left to various federal agencies to spell out. We should see a steady stream of regulatory proposals out of Washington over the next several years and these will determine in large measure the real character and impact of this legislation.

Third, there will be a host of legal challenges to this legislation. Already several states are in the process of “opting-out” of various aspects of Health Care Reform with Virginia, Idaho and Indiana leading the way. As many as 34 states are considering some form of “opt-out” legislation. These challenges to federal authority will have to work their way through the courts. Meamwhile, implementation of some of the plan’s provisions may be delayed.

It is also likely that a number of private individuals and groups will challenge aspect of the Health Care Reform legislation.

Fourth, mid-term elections are coming in the fall. It is quite possible they could result in a major shift in the balance of power in Congress. This will not be enough to enable repeal of Health Care Reform legislation but it may lead to some amendments that would improve the legislation and blunt its negative impact.

And finally, we are just 30 months away from another Presidential election.  

This blog will remain active in the coming months, reporting on the details of Health Care Reform as they are spelled out and on efforts to modify, impede or repeal this legislation. Stay with us.

President Obama has embarked on a speaking tour that is being billed as “the closing argument for Health Care Reform.” Current expectations are that the House of Representatives will vote on the legislation before the end of March, possibly by March 18.

Now is the time for all of us to make our own “closing arguments” (pro or con) to our own representatives in Congress. Where does your representative stand on health reform? The Wall Street Journal analyzes the stand of each House member in a new online vote tracker.

While Congress continues to edge closer and closer to passing the reform legislation, public opinion remains firmly opposed. An average of recent health reform polls compiled by Real Clear Politics shows 41 percent of Americans in favor of the Obama plan, with 50 percent opposed. See the full analysis