THE STATES LINING UP AGAINST OBAMACARE
http://online.wsj.com/article/SB10001424052748704393604575615104135953066.html?mod=WSJ_newsreel_opinion
“The voters showed their loathing for the law on November 2, and a large, united legal front of states would increase the chances that the courts find it unconstitutional and preserve our federal system.”
The historic state lawsuit against ObamaCare is moving through the federal courts, with 20 states so far on board the case led by Florida Attorney General Bill McCollum and sure to be continued by his successor, Pam Bondi. Newly elected Governors and AGs now have an opportunity to join this suit and underscore its importance to the future of liberty and our federal system of government.
With the exception of Louisiana AG Buddy Caldwell, Democratic Governors and AGs have refrained from joining the suit against a law passed by a Democratic Congress. But sweeping GOP gains in the states on November 2 mean that Republicans can decide to join when they take office in January.
James Freeman describes how Louisiana’s governor believes his lawsuit will prevail against the president’s signature program. Also, WSJ Europe editorial page editor Brian Carney explains why Ireland doesn’t want a “rescue.”
In Kansas, Ohio and Oklahoma, GOP Governors and AGs replace Democrats and now have no apparent obstacle against joining the Florida suit. In Wisconsin, a liberal Democratic Governor has been blocking Republican AG J.B. Van Hollen from joining the suit. But Mr. Van Hollen won re-election, and GOP Governor-elect Scott Walker isn’t likely to stand in the way.
In Wyoming, newly elected Republican Governor Matt Mead will appoint the state’s AG, who we hope is someone eager to join the suit. And in Maine, where the AG is appointed by the legislature, both houses swung to the GOP in a populist groundswell.
The election results should also impress state officials who continue in office but have so far declined to join the Constitutional challenge. One mystery is New Jersey, where Governor Chris Christie appoints the AG. Surely Mr. Christie must understand how much ObamaCare’s expansion of Medicare will undermine his efforts to fix the state fisc. Join the cause, Governor.
In West Virginia, Democratic Governor Joe Manchin had declined to join the suit. But he’s now headed to the Senate after having campaigned explicitly against ObamaCare. His successor, Democrat Earl Tomblin, has a chance to heed state voters who are clearly unhappy with the federal law. And in North Carolina, the GOP sweep of the state legislature for the first time should impress Governor Bev Purdue and Attorney General Roy Cooper, both Democrats who presumably want to win re-election.
Associated PressFlorida Attorney General Bill McCollum
Some of the new AGs may consider filing their own separate suits against ObamaCare, following Virginia’s Ken Cuccinelli. This may win a few headlines, but we doubt it will enhance the chances for legal success. The more states that join the Florida suit, the more the judiciary will appreciate how widespread the legal and popular opposition is to ObamaCare’s federal intrusion on state powers and individual rights.
From a legal point of view, we also think the Florida case offers the best chance of success. The core of the suit is the challenge to the law’s individual mandate to buy insurance under the Commerce Clause. But the Florida suit also challenges the federal government for exceeding its power via Medicaid. ObamaCare requires states to spend billions of dollars to rearrange their health-care markets and vastly expands who can enroll in Medicaid, whether or not states can afford it. The Florida case claims the law unlawfully conscripts state officials to do this federal bidding. The National Federation of Independent Business has also joined the Florida suit, adding to the breadth of those opposed to the law.
America’s Founders expected that having state legislatures elect U.S. Senators would protect state interests in the federal system. The 17th Amendment that allowed the direct election of Senators in 1913 made them more independent political actors. This means that states have little recourse except through lawsuits to challenge federal intrusions on their sovereignty.
The voters showed their loathing for the law on November 2, and a large, united legal front of states would increase the chances that the courts find it unconstitutional and preserve our federal system.
Comments are closed.
