AG should reconsider suit against health reform - Boulder Daily Camera

[cojoel]

Jean Dubofsky was the first woman Justice of the Colorado Supreme Court, and is currently founding member and chair of the Board of Directors of the Bell Policy Center. She penned this opinion piece regarding the state AG's legal action regarding health reform.

AG should reconsider suit against health reform
by Jean Dubofsky
Posted: 03/28/10 01:00:00 AM MDT

The lawsuit filed by state attorneys general, including Colorado`s John Suthers, in federal district court in Florida claims that the new health care law`s requirement that all Americans buy health insurance is unconstitutional. I believe that the lawsuit stands little chance of success. First, there is a significant question whether state attorneys general have standing to challenge the new law, especially when many of its provisions have not yet gone into effect. Second, Congress has the power -- under both the Commerce Clause and the power to tax -- to impose and enforce a requirement that citizens have health insurance.

Health care, which now comprises about one-sixth of our national economy, has an enormous impact on interstate commerce, and regulation of the means to pay for health care is within the federal government`s authority. All individuals who do not have health insurance are a potential burden on all others who have purchased coverage: When the individual without insurance needs health care and cannot afford it, the cost of providing that health care in a hospital emergency room is transferred to those who have insurance, causing their insurance bills to increase.

In addition, enforcement of the requirement will be through a tax administered by the Internal Revenue Service. The attorneys general allege that the tax is unapportioned among the states and is unrelated to any taxable event. To the contrary, the mechanism chosen by Congress to enforce the requirement of health insurance is not unusual. For example, the enforcement mechanism is similar to that used to enforce child-support payments. If a non-custodial parent has failed to make child-support payments, the amount of the arrears can be withheld by the IRS from the non-custodial parent`s tax refund. Failure to make child-support payments often means that the child becomes a burden on federal and state taxpayers through the welfare system.

The complete piece is at The Boulder Daily Camera http://www.dailycamera.com/guest-opinions/ci_14765796

[Hawkeye-X]

1. I just said in another thread a few minutes ago..

The legislative body of the State needs to re-convene (I think their usual 120 days are wrapping up soon) and introduce articles of impeachment on John Suthers and kick him out of his elected position. His decision goes against the wishes of the people of the State of Colorado (of which I am a taxpayer) spells serious doom and problems. As a matter of fact, I want John Suthers out somewhere begging for money on the street after he's disbarred, disgraced and thrown out.

Hawkeye-X

[cojoel]

2. I sure hope we bounce him out in November if nothing else

I'm not sure how the AG race will play out yet, but I plan on spending some of my money there, and hoping we defeat him.

And it isn't just this. The whole anti-MMJ position, the debacle with Kansas at SCOTUS, and so much more. He is regular completely against the wishes of the people of the State of Colorado (of which I also am a taxpayer). I would be fine if your scenario worked out.

[rocktivity]

3. They'd better be careful what they wish for

Or else Obama may have to "reconsider" instituting a public option!


rocktivity