OSU law professor says lawsuit challenging health reform bill likely to not be successful
John Michael Spinelli has a recommended article on the legal aspects and more related to the health care bill passage and Ohio. One part:
In the wake of President Obama signing the $938 billion overhaul of health care bill today, published reports say 14 states and counting, including Florida, Texas and Pennsylvania, will challenge the legality of the bill Democrats passed late Sunday without one Republican voting for it. Senate Republicans are likewise not expected to vote for a package of corrections to the bill the House relied upon the upper chamber adopting as its bargain in making the bill law.
But while these attorneys and others gearing up for the fight are confident in their arguments, one recognized expert on law from the Moritz School of Law at The Ohio State University said the complaint is likely to fail.Dan Tokaji, Associate Director of Election Law @ Moritz, said in a telephone interview today from New York City that, broadly speaking, the lawsuit is not likely to be successful, based on the broad powers the Constitution gives Congress to regulate commerce.
15 states think they have a case against the bill. Should be interesting to see who wins.
March 23rd, 2010 at 7:35 pmYes, it will be, another article on some of the legal action taken by 14 states from the Christian Science Monitor.
March 23rd, 2010 at 7:48 pmDoes the government have the constitutional authority to tax? – My pay check says yes
The argument is basically –
This is a new tax on everyone and you get a tax rebate if you purchase insurance. You don’t have to purchase insurance you just won’t get the tax rebate.
March 24th, 2010 at 11:08 amIt’s an odd definition of a tax. You better buy x, or you owe us money. Admittedly, I am young, but even after too many economics classes and several books, I don’t recall requiring someone to buy something for themselves and if they don’t they are fined being a “tax.”
The Supreme Court upheld Social Security based on paying into a fund (not paying for something for one’s self.) Let me know of what courts have upheld requiring you to pay for whether you want it or not.
Looking forward to the Supreme Court majority that Obama has already offended publicly getting back at him. We know this will end up at SCOTUS, will be interesting to watch. Hope this gets tied up for several years and delays the majority of the implementations.
Although, IMO, the most egregious part has already taken effect – the tanning bed tax.
March 24th, 2010 at 6:09 pmAlso – I think it was ABC radio news on Monday – they reported in the hourly news that some of the states attorney generals that are coming after the healthcare bill were admittedly politically against the bill but the attorneys claimed they had constitutional grounds.
Then they interviewed some law professor who said the challenges probably wouldn’t stand in the courts. They made a big deal of where the attorneys stood politically, but not the professor’s political stance.
Also curious on this OSU’s prof’s stance, not that it matters.
It’s just ironic that one who opposes it thinks it might have a chance in the courts, and one who supports it (Sensor) thinks there is no case. Is it wrong to assume these same personal biases might extend to these professors in a slight fashion?
March 24th, 2010 at 6:19 pmI’m curious about how the lawsuits against the teabaggers for threatening to assassinate Congressmen and women’s children will turn out myself.
March 26th, 2010 at 11:24 amToo bad Jim that your side has threatend people as well. Get over it! You guys are in BIG trouble come November.
Oh and they said the Court would never allow corporations spend money in elections. How did that turn out??
March 26th, 2010 at 2:02 pmI’ve never bought the excuse that if one side does things that are wrong it’s okay for the other side to do similar things. I think both sides need to get over that aspect of it and take responsibility for those within their own groups that behave badly.
Supposedly two wrongs don’t make a right. Apparently some of you feel they do.
March 26th, 2010 at 2:07 pmWho are “you guys” who will be in trouble in November? Do you mean the millions of kids who are no covered with health insurance? The millions of elderly who will be able to better pay for prescription drugs? You think I wouldn’t gladly trade a Democratic Congress for a Republican one if I got healthcare reform in return? Please. Only thing a Republican Congress does is guarantee an Obama reelection.
March 26th, 2010 at 3:33 pmWhen Chad says “You guys” I assume he means WASPs. For some reason blonde hair and blue eyes drives him nuts.
March 26th, 2010 at 3:47 pmDemocrats Jim. You guys are in serious trouble. And I asked this question once and I will ask it again. Does that mean Obama will sell out his democrat constituency, the way Clinton did when the GOP was put back in charge in the 90s? But thanks for at least recognizing that Obama could very well lose!
Remember, Clinton sold out and signed 7/10 items in the Republicans Contract with America.
Doesn’t look good for your boy Strickland too. Still down in the latest PPP poll. And a democrat polling firm too BTW.
March 26th, 2010 at 5:21 pm