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Gov. Butch Otter just went on Fox News to talk about how Idaho has joined 12 other states in a lawsuit filed this morning in federal district court in Florida, challenging federal health care reform. Otter called it “an unconstitutional mandate that it forces on all 50 states including my own,” and said, “The sovereignty of the state of Idaho is very important to us, as is the sovereignty of the citizens of the state of Idaho, and it should be in every state.”
Idaho Attorney General Lawrence Wasden joined the attorneys general of Florida, South Carolina, Nebraska, Texas, Utah, Louisiana, Alabama, Colorado, Michigan, Pennsylvania, Washington and South Dakota in the lawsuit.
“Our complaint alleges the new law infringes upon the constitutional rights of Idahoans and residents of the other states by mandating all citizens and legal residents have qualifying health care coverage or pay a tax penalty,” Attorney General Wasden said. “The law exceeds the powers of the United States under Article I of the Constitution and violates the Tenth Amendment to 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.”
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WildWest on March 23 at 10:36 a.m.
It amazes me that Idaho republicans are so uneducated, I guess we should not expect much from elected officials with legal degree’s from Idaho schools, learn something about the law before you waste our time.
To possess a standing to pursue a case, one must be impacted by the provision one is challenging.
The state of Idaho will never be subject to a mandate, only individuals from Idaho will be.
Therefore, the question then is, on what basis does Gov. Otter & A.G. Wasden of Idaho have as a standing to appear in Federal court.
A state cannot create standing for itself by passing a law!
On its face, the Idaho statute is unconstitutional and must be rejected by any Federal Court as violating the Supremacy Clause of the Constitution.
Thus, the court in question will not get to any challenge to any provision of the law if the asserted basis for jurisdiction is a conflict between state & Federal law.
Otter & Wasden are simply wasting taxpayer money and time to support a misinformed right-wing political agenda.
There is nothing unconstitutional about HCR…….!
What the facts prove to everyday Idahoans is that Republicans are unable to govern and provide solutions that help ordinary everyday people and not the corporate elite.