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Arizona files suit against the Fed claiming healthcare bill is bogus
"The Constitution nowhere authorizes the United States to mandate, either directly or under threat of penalty, that all citizens and legal residents have qualifying health care coverage," states the lawsuit. Photo Courtesy of Haleigh Krantz
Written by Haleigh Krantz - Staff Writer
Arizona will be joining 17 other states in a lawsuit against the federal government and President Barack Obama’s newly approved extensive healthcare overhaul, alleging that government mandated health care is unconstitutional. The lawsuit states, “The Constitution nowhere authorizes the United States to mandate, either directly or under threat of penalty, that all citizens and legal residents have qualifying health care coverage.” Supporters of the suit say that although the Constitution gives Congress the ability to ‘regulate commerce’, this doesn’t give the government the authority to compel an individual to buy something. Arizona is on board, despite Attorney General Terry Goddard (D) abstaining from suing on the state’s behalf as he disagreed with the suit. On April 1, Governor Jan Brewer (R) called a special session and passed a bill that will allow her to circumvent Goddard’s authority and his rejection of the suit. The battle lines between Republicans and Democrats have never been so clearly drawn.
Although Governor Brewer was successful in bypassing the AZ Attorney General’s authority and joining the lawsuit, Goddard is still refusing his support. He indicates budget constraints, the fact that the suit would move forward with or without Arizona, and opinions from the Attorney General’s office that it will not succeed as reasons not to partake. In a statement released by his representative, Goddard remarked, “Our lawyers agree with the overwhelming majority of constitutional scholars of both parties that the lawsuits have little merit, and that participating in them would be a waste of scarce taxpayer dollars.” Democratic legislators believe that joining in the litigation is a waste of time that could be spent trying to reverse children’s health care cuts. They also allege that this move will squander much needed taxpayer dollars. Republicans respond that the lawsuit would save Arizona billions of dollars, as the state cannot afford the $3.8 billion that’s required for the expansion of Medicaid services.
Starting in 2014, anyone who chooses not to buy health insurance will be issued a small fine. In 2016 the penalty will increase to $695 a year or 2.5% of overall income, whichever is a greater cost. This means that anyone earning more than $27,800 would be subject to higher penalties. The Association of American Physicians and Surgeons, a group of nearly 5,000 American doctors, are predicting a shortage of doctors as the medical community gets used to the new laws. “We need to get back to the old-fashioned style of medicine where doctors worked for their patients and patients paid their doctors,” an AAPS member affirmed.
Republicans couldn’t agree more. They maintain that the federal government is violating the constitution by forcing citizens to purchase a certain private product (health insurance). This is the first time that the federal government has ever made such a mandate. Participants in the lawsuit say that they don’t intend to reverse all of the health care legislation, only the elements that they feel overstep federal authority. The leader of the lawsuit, Florida Attorney General Bill McCollum (R), suggests that the legislation is a huge expansion of federal power. Regarding her support of the suit, Governor Brewer said “This massive new federal mandate is a threat to our individual freedoms, and state sovereignty as well as a devastating new cost to our state budget.” Only time will tell if the lawsuit has merit, the proceedings should begin within the month.
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