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May 31

State attorney General defends health-care lawsuit

Posted by Mahir
Filed under Health Insurance | No Comments

SEQUIM State Attorney General Rob McKenna explained his decision to join 19 other states in suing the federal government over the federal Health insurance quotes Reform Act, delivering a rousing civics lesson on states’ rights and the Constitution to an appreciative audience packed into the Boys & Girls Club on Monday night.
The Bellevue Republican’s 45-minute presentation Monday night before more than 300 attendees was sponsored by Concerned Citizens of Clallam County, or FourC.

Loose-association

The group, which organized an anti-taxes rally April 15 in Sequim that attracted about 200 protesters, said it is loosely associated with tea party groups across the country and the state and is dedicated to returning power to the people and the states, as declared by the Constitution, according to its website where it refers to members as patriots.

The states challenged the new health care law after Congress approved it in mid-March on grounds the $940 billion measure violated the 10th Amendment to the Constitution. The amendment reads, The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Requirement a violation

The law violated the amendment by requiring citizens to buy medical insurance and by requiring states to expand the Medicaid program, adding billions more to the state deficit, McKenna said.In doing so, the federal government exceeded its authority, said McKenna, who was interrupted several times by applause.
The mandate and Medi-caid provisions can be knocked out of the legislation without hurting other parts of the bill, such as access to health insurance being allowed regardless of pre-existing conditions and banning caps on the amount of insurance a policy-holder can receive, McKenna said.

If the law is allowed to stand as is, “it will be the end of federalism as we know it,” McKenna said, referring to the division of power between the states and the federal government. The amendment, the last in the Bill of Rights, “has been sadly neglected,” Mc-Kenna said but will be violated if the two provisions he and 19 other attorneys general are challenging is allowed to remain. McKenna said the mandate to purchase insurance or face fines also infringes upon the Constitution.

In addition, the federal government does not impose seat-belt laws, drunken driving laws and there is no national drinking age.It reminds us that there still is a delineation of power, a distinction between the states and federal authority, McKenna said.

This entry was posted on Monday, May 31st, 2010 at 4:35 am and is filed under Health Insurance. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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