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Legal experts: State lawsuits over health care reform won't succeed

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The Straight Story Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-23-10 05:55 PM
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Legal experts: State lawsuits over health care reform won't succeed
Legal experts: State lawsuits over health care reform won't succeed

TALLAHASSEE, FL (AP) -- Legal experts say there isn't much chance a lawsuit filed by 13 states will succeed in scuttling the health care overhaul.

Just minutes after President Obama signed it into law Tuesday morning, attorneys general from 13 states sued the federal government, claiming the law is unconstitutional.

The suit says the federal government has no right under the Constitution to mandate health insurance, and that the states can't afford the unfunded mandate.

Virginia has filed its own suit, invoking a new state law that says no resident can be compelled to have health insurance or forced to pay a penalty for refusing coverage.

But legal experts say federal laws trump state laws. Lawrence Friedman, who teaches constitutional law at the New England School of Law in Boston, said he can't imagine a scenario where a judge would stop the law from being implemented.

http://www.news10.net/news/story.aspx?storyid=77861&catid=2
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OneTenthofOnePercent Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-23-10 06:00 PM
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1. The same court that outright IGNORED Slaughterhouse and classified corporations as people...
That's all you need to know.
Flip a coin... logic or law has no place in SCOTUS.
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no_hypocrisy Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-23-10 06:23 PM
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2. Probably the same legal reasoning why states can't opt out of Social Security and
unemployment.
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