Spokane7
50°
March 24, 2010 in City, Idaho
Idaho joins lawsuit testing constitutionality of reforms
Idaho Attorney General Lawrence Wasden gives a news conference in Boise on Tuesday. Idaho Statesman
(Full-size photo)
As Idaho joined a national lawsuit against the new health care reform law Tuesday, Washington’s attorney general was both blasted and praised for jumping into the litigation a day before.
Idaho Attorney General Lawrence Wasden has the backing of Gov. Butch Otter and a legislative mandate to challenge any federal health care law.
On Tuesday, Otter criticized the federal legislation with Wasden at his side. There’s a significant legal question whether the U.S. Constitution allows the federal government to require a person to buy health insurance, Wasden said.
“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,” Wasden said.
“If it is a proper role for government to mandate that citizens buy certain products, then I’m going to get potatoes in line for ’em just as quick as I can,” Otter said.
Washington Attorney General Rob McKenna had a decidedly more split response. He didn’t do interviews or hold press conferences Tuesday, but offered similar reasons for joining the challenge in a posting on his Web site. The issue is too important to build on an unconstitutional foundation, he wrote.
“This lawsuit is about ensuring that the federal government does not exceed its authority in certain provisions of the health care bill, and that the citizens of the State of Washington are given the respect that the Constitution requires,” he wrote.
Several noted law professors told McClatchy Newspapers there are significant legal hurdles in establishing the states’ standing to challenge the health care law and in convincing federal judges that it violates the Constitution.
Congress is empowered by the Constitution to regulate interstate commerce. McKenna, Wasden and others are arguing that a mandate for individuals to purchase insurance is unprecedented because uninsured individuals aren’t participating in commerce. Many constitutional law experts, however, said that the health insurance mandate is clearly within Congress’ reach under the Constitution.
“It would be surprising if the (Supreme Court) says Congress can’t regulate people who are participating in the $1 trillion health care market,” said David Freeman Engstrom, a Stanford University Law School professor. “The lawsuit probably doesn’t have legs both as a matter of precedent and as a matter of common sense.”
Sanford Levinson, a University of Texas Law School professor, said that Americans who choose not to purchase health insurance can pay a fine under the new law. Congress, he said, clearly has the authority to levy taxes and fines.
Washington Gov. Chris Gregoire repeated her criticism of joining a suit that could keep state residents from getting health insurance under the new law. While saying she didn’t want to undermine the independence of a separately elected official, she called McKenna a “lone ranger” who was required to consult with her and legislative leaders before joining the suit.
But a spokesman for McKenna said he was acting on behalf of the citizens, not any state official or agency. “Our client is the people of the state of Washington. He’s elected to be an independent legal officer,” Dan Sytman said.
Washington state Senate Majority Leader Lisa Brown, D-Spokane, sent McKenna a letter asking him to reconsider a decision at odds with a majority of the Legislature, one she contended was “fiscally and morally irresponsible” because it has the potential to knock out federal funds for health care programs in the state and health coverage for more than a million of its residents.
Democratic leaders in the state Legislature, in a special session to address the budget, are looking at options to respond to McKenna’s decision, Brown said, including a budget restriction that would keep him from spending money from his budget on the suit.
Republicans rallied to McKenna’s side. U.S. Rep. Cathy McMorris Rodgers, who like all GOP members voted against the bill, said she was standing up for state residents “who have the constitutional right to decide what is the best health care for themselves and their families.”
State Sens. Janea Holmquist, of Moses Lake, and Val Stevens, of Arlington, applauded the move, saying they had introduced a bill similar to the one passed this year in Idaho to nullify any federal health care mandate.
It didn’t receive a hearing, let alone a vote, in the regular session. State Sen. Don Benton, R-Vancouver, introduced a new version Tuesday with a section requiring the state attorney general to go to court to fight any federal health care mandates. Benton is among the GOP candidates seeking to unseat U.S. Sen. Patty Murray, a Democrat and strong supporter of health care reform.
Brown called Benton’s proposal “more theatrics than substance – there’s zero chance of it passing the Legislature.”
McClatchy contributed to this report.
Recent stories by Jim Camden
Recent stories by Betsy Z. Russell
Mussel infestation threatens NW waters May 30, 2012
- Invasive mussels on the move toward Northwest May 29, 2012 5
- Unique artifacts confirm indelible link between Idaho, Lincoln May 27, 2012 1
- Eye on Boise: Idaho backs Montana’s campaign spending fight May 27, 2012 1
- Dems control Idaho tax panel May 26, 2012
Scoutster on March 24 at 12:21 a.m.
Oh, yeah. I’m sure this will stop it!
Yawn.
Orange on March 24 at 6:14 a.m.
At least Their Gov supports his people. Krissy, only wants to get into the White House. Go McKenna Go!
Liberty_Bell on March 24 at 6:22 a.m.
You truly must wonder why Rob McKenna, always believes Christine, “never represents the people.”
Take for instance the Governors DSHS Classics, in Government Health Care, at it’s finest hour, shown best across the Courts, with the former AG, way too busy to even show up at that United States District Court, for sanctions against the state for a couple extra million in one most amusing example of State Health care.
Where the voter actually attends a school district is and has always been very very questionable!
Representatives for a neglected and food-deprived little boy reached a $6 million dollar settlement.
Shayne Abegg, a 6 year old who was a skeletal weight of 25 pounds when police rescued him in March 2007, will receive $6 million from the state of Washington and two other defendants in a settlement reached Tuesday.
The state’s portion, $5 million, is the largest payment to a child victim ever by the Department of Social and Health Services. The boy’s therapist and her employer, a social-service agency, are the two other defendants.
When rescued, the boy was covered in bruises and sores, his temperature had dropped to 87 degrees, and he was unable to sit or stand without assistance. A judge compared his condition to someone in a Nazi concentration camp.
The lawsuit alleged four caseworkers had missed a pattern of abuse and neglect, including reports that the boy was malnourished and had hoarded food.
“This little boy who was neglected by the state for 14 months while they received warning after warning that he was being starved and neglected will now have the resources to take care of himself for the remainder of his life,” said the boy’s lawyer, David Moody, of Hagens Berman Sobol Shapiro law firm in Seattle.
JBlim on March 24 at 6:30 a.m.
Republicans are a bunch of sore losers and crybabies. You lost, now you don’t have any respect for the will of the people. The new health law was voted in by a majority of our duly elected congress after years of abuse by the insurance industry. Maybe we should just let Republicans who show up at hospital ER’s die if they refused to buy insurance. Why should these leeches be allowed to mooch off everyone else?
rightsideofthestate on March 24 at 7:31 a.m.
Although I support the effort to challenge the constitutionality of the health insurance mandate, Gov Otter has a bit of a hypocrisy problem to solve. My daughter attends the U of I and recently got married which caused her to drop from my insurance policy. She applied for student insurance and it took them 2 months to respond to her request. When they finally determined she qualified, they charged her student account plus penalized her for “not having a valid insurance policy in place”. According to the University policy, anyone found not having insurance is automatically charged the insurance fee and unable to get transcripts or enroll in classes until paid. The irony is that if my daughter didn’t disclose (a liar) or chose to live with her fiance (a fornicator), she would be fine. So much for freedom of choice and family values.
Liberty_Bell on March 24 at 7:44 a.m.
That’s nothing rightside, you ought to review the left side’s family values!
Brought to you by the Seattle School District’s Health Reform System, promoting family values through an abortion clinic?
Of course when the Ballard High School teacher’s the father, the sex education class is taught with experiance!
http://www2.seattlepi.com/articles/417276.html
liarsinnews on March 24 at 7:47 a.m.
I wonder when the citizens will finally realize that there is no difference between Republicans and Democrats? Finger pointing at either party tells me these kinds of people don`t know what the heck is going on. Both parties after being in office for awhile forget who elected the bums into office.
Ninch on March 24 at 7:50 a.m.
You guys are one day late in the requisite GOP bashing and as always off topic… Did you just read your ObamaCare Movement email? BTW: Many (probably most) of those so-called uninsured “leeches” in the emergency room are not Republicans but most likely are Dem-leaning (e.g. minorities, low-income, etc.) or non-political.
Regarding the article: Maybe if Obamacare would let people buy insurance across state lines (GOP idea for competition), then it could be called “interstate commerce” but instead this legislation limits choices, e.g. even the insurance exchange is set up on a state-by-state basis. It also limits use of Health Savings Accounts and paying cash for services (which is another argument against the applicability of the interstate commerce clause.) The bottom line is that Obamacare mandates everyone buy insurance from a private entity for just existing (how does that relate to commerce?)… and that insurance must have a federally-determined minimum coverage (which takes away more consumer choices and raises costs). And making such a law even more egregious is that the IRS is delegated to enforce it with fines, wage garnishment, cleaning out bank accounts, and liens on property and homes… and this is not just annual oversight, but monthly oversight. Thousands of IRS workers will need to be hired and technology enhanced but those funds have not been calculated into this legislation. Obamacare will cost into the trillions to administer/subsidize/enforce which adds to (does not reduce) budget deficits and the federal debt. Bigger government puts more Americans on the hook to support a convoluted entitlement program with thousands of unintended consequences that Obama and the Dems “promise” to fix. Good luck with that.
Liberty_Bell on March 24 at 8:31 a.m.
The health care reform act, from Justice Oliver Wendel Holmes, discussing the leeches, a never changing issue, being “swamped with incompentance”
We have seen more than once that the public welfare may call upon the best citizens for their lives. It would be strange if it could not call upon those who already sap the strength of the State for these lesser sacrifices, often not felt to be such by those concerned, in order to prevent our being swamped with incompetence. It is better for all the world if, instead of waiting to execute degenerate offspring for crime or to let them starve for their imbecility, society can prevent those who are manifestly unfit from continuing their kind. The principle that sustains compulsory vaccination is broad enough to cover cutting the Fallopian tubes. Three generations of imbeciles are enough.
soccermomsusie on March 24 at 8:35 a.m.
I smell a trick. I think McKenna is a secret Democratic agent. The plan is to sue because it’s unconstitutional to make someone buy something from a private company.
Obama (hitler/stalin/chamberlain/ghandi) says OK. You are right my Republican colleagues. We can’t constitutional do this. We will have to offer people a government option so it’s paid for with their increase in taxes if they want in. Then when all of us point our fingers and say SOCIALISM, Obama will say “Yes, brought to you by Republicans’ lawsuits.”
Oh my Lord, I hope I didn’t just give Barry O’Kenyanheimer an idea.
How about this, when we refuse this terrible federal interference in our lives, we also tell them to keep all their federally tainted medical money - including medicaid and medicare. That will show them!
HEAR OUR VOICE!
HEAR OUR VOICE!
HEAR OUR VOICE!
HEAR OUR VOICE!
HEAR OUR VOICE!
SugarShane on March 24 at 8:38 a.m.
Its funny how he claims to represent the people of Washington yet cites no sources of where he got his information that more than half of Washington does not want this. He should of said hes representing the rich white citizens of Washington.It seems more like political grandstanding and positioning for a political run than having a valid arguement. Funny how republicans are the first to bring up federal law when it comes to marijuana legalization, but the first to denounce it when something doesnt go their way.
leekinny on March 24 at 8:40 a.m.
Every fine or fee raised by a Democrat has always been referred to as a tax by Republicans. Why do they seem so terrified to call it a tax in this case?
remymartin on March 24 at 8:56 a.m.
Let’s see, we have obama, pelosi, reid, murray, cantwell, gregoire, mcdermitt, baird, and a lot of so-called republicans who have never seen a tax that they didn’t like. They are only content when all of us suckers are led around by the nose to do whatever the hell they want us to do. Well, the anger that these creaps have caused is building. The Boston Tea Party in 1773 basically happened because the Colonists did not want to be taxed by a foreign country, Europe, from which they had fled!!! So, don’t give me this crap that we need to be like the rest of the “civilized” world. You people that think that way, get the hell out of here and go there. Remember, Mr. McKenna was elected by the people, not by gregoire and her servants.
Justin_Galloway on March 24 at 9:14 a.m.
The State Legislature should just pass a health bill mirroring the Federal plan and make this entire point moot.
gotcha on March 24 at 9:40 a.m.
Not to change the subject BUT
i just heard this one….
Do you know the diffrence between Obama and his dog Bo ???
Bo has papers
now thats funny and I don’t care who ya are
leekinny on March 24 at 9:41 a.m.
Are we now beginning to see, “America, hate it or leave it” ?
soccermomsusie on March 24 at 9:51 a.m.
Gotcha, I will have to admit I was slow to get the joke about Obama.
Now, I understand you are saying he is of a mixed race. And that’s the joke. People forget that Hitler, Mao tse Tung and Ghandi were of mixed race. Maybe that’s part of your punchline.
Did you steal this riddle from the Idaho addition of the Spokesman-Review? Was it in their version of The Slice?
liarsinnews on March 24 at 10:13 a.m.
soccermomsusie: I think you may have missed the point. I read it as the papers referred too, were his birth certificate and were he was born and had nothing to do with race. If you have done any reading at all, there has been a challenge whether or not he is qualified to be president, re presidents must be born in our country. Was he?
leekinny on March 24 at 10:39 a.m.
That’s another of the wacky conspiracy theories of the teabagger crowd. Yep, it’s been proven he is an American citizen. Rep. McMorris-Rodgers even voted in favor of a House resolution that stated he was a citizen.
The media personalities who enforce birther talking points are lying to you. They have no respect for you. Your being used.
Dazzeetrader11 on March 24 at 10:55 a.m.
The easiest way to reverse this is in November. Vote these crooked pol out. Take back Washington and take back America! VOTE!
Hold em off till we can vote this group out.
soccermomsusie on March 24 at 11:02 a.m.
Yes Dick Adams, I read the papers too. I also heard that not only is he not an American, he is a secret Muslim too. He may be like that guy in that movie the Maraschino Candidate.
How do we know that Obama is not a robo? He writes his own speeches, seems to be able to read a teleprompter most of the time, doesn’t mix his metaphors, etc. Our last president was the best, but he still had some problems in these areas - JUST LIKE ANY HUMAN PRESIDENT WOULD!
OBAMA - Oman’s Beguiling Automated Machine Apparatus. Last time I checked, Oman was an Arabic Muslim country with some African overtones. They probably had plenty of money to build a Muslim robot.
Not born anywhere. Not able to be president because he is a robot.
Isn’t this how that movie The May Tricks started?
HEAR OUR VOICE and see you at the next tea party. Nancy McLaughlin and I might carpool (as a protest) if anyone needs a ride.
leekinny on March 24 at 11:52 a.m.
What does it mean, “Take my country back” ? Who do you want to take it back from?
empyrius on March 24 at 1:22 p.m.
I see the usual suspects are here …; the xenophobes, eugenicists, and “white power” types . . .
Don’t mind soccermom leekinny her Medicare drugs just do not effectively drown out those multiple voices in her head, hence her timeworn battlecry, “hear our voice”: I guess some people “deserve” their SSI checks after all: har har har har!
I am just kidding with you soccermom, you are all right in my book sis.
Perhaps some people are right though and we should start rounding up the nitwits, illegal aliens, the criminal-minded, the alcoholics, the fornicators, and most especially the adulterers, b/c how could anybody ever trust a person that will betray their very own spouse due to their carnal cravings; the adulterers most certainly have to go b/c they are evilly undermining the very foundation of America’s Christian heritage!
Now, about those evil public schools, social security, and the non-resource backed worthless American dollar . . .
gotcha on March 24 at 2:15 p.m.
Things to think about………….
When President Obama walks into a room that Nancy Pelosi is in does he have to bow ?????????
leekinny on March 24 at 3:05 p.m.
Gotcha,
It’s easy for all of us to fling word bombs at each other, but you must understand that we are very perplexed at how to get through that impenetrable shell. I wanted to come up with all kinds of accurate and ‘snarky’ adjectives for shell. But that wouldn’t help.
You see, were on the outside looking in,at the trap you’ve been led into. You’ve allowed yourselves to be taken in by a powerful and skilled group of marketers……
It’s like being sold that fast food is healthy,
That, ‘NO’ this car won’t go berserk,
Oh! Just give that bear a piece of your sandwich and he’ll leave us alone,
Let me look in there and see if there’s a clog,
Go ahead; I’ll be right behind you’,
Oh! that doesn’t look so dangerous,
and
Ahhh, just rub a little dirt on it.
gotcha on March 24 at 3:42 p.m.
leekinny Just what the hell are you talking about ???
leekinny on March 24 at 5:17 p.m.
That’s the problem.
Conservatives, especially the tea party type, are being intentionally led, by a mountain of misinformation, fed to you by those who have hood winked you into believing only them. The GOP and their conservative pundits are both using and making fools of those who only desire to be good Republicans and Americans.
Their tools—fear—intimidation—distortion of truth and now terror.
misjustice on March 24 at 7:35 p.m.
Dear Dick:
John McSame, the republican’t candidate for president, was not born in ‘Merica. So is he not qualified to be a senator or a candidate for president? Do you know where John McSame, the grouchy grandpa from Arizona was born?
Hugs and Kisses,
MisJustice
misjustice on March 24 at 7:40 p.m.
OOOPs, sorry Dear Dick,,,didn’t get your subtle inquiry…
my above post is then directed at the wackadoodles on this site, I think you know who you are.
Again, sorry Dick…
Hugs and Kisses,
MisJustice
JBlim on March 24 at 10:40 p.m.
Well, this is really going to mess up Mitt Romney’s 2012 dreams. How’s he going to explain those Massachusetts insurance mandates in his insurance scheme? I guess it’s OK if you’re a Republican. Can you spell h-y-p-o-c-r-i-t-e-s?
misjustice on March 25 at 8:13 a.m.
JBlim,,this is off topic but I think your avatar is soooo cute!
JBlim on March 25 at 5:41 p.m.
well thanks, misjustice. I didn’t think anyone cared . . .