By Susan Brinkmann, OCDS
Staff Journalist
Legal organizations as well as state attorneys general are planning to unleash a tsunami of lawsuits challenging the constitutionality of Obamacare today, which could result in mass noncompliance with the unpopular law if successful.
Thus far, ten state attorneys general have banded together to file a collective lawsuit which accuses Obamacare of infringing on state powers under the U.S. Constitution’s Bill of Rights. These states include Alabama, Florida, Nebraska, North Dakota, Pennsylvania, South Carolina, South Dakota, Texas, Utah, and Washington.
The states are citing the 10th Amendment, which says “powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states,” as proof that the U.S. government cannot establish their healthcare laws.
In addition to this lawsuit, there are bills and resolutions pending in at least 36 state legislatures that will either limit or oppose various aspects of the reform plan through laws or state constitutional amendments, according to the National Conference of State Legislatures.
Other organizations are also filing suit, including the Thomas More Law Center, a public interest
Law firm based in Ann Arbor, Michigan, which plans to file a federal lawsuit challenging the constitutionality of Obamacare as soon as President Obama signs it into law.
Named in the lawsuit in their official capacities will be President Obama, Kathleen Sebelius, Secretary of the U.S. Department of Health and Human Services, Eric H. Holder, Jr., the U.S. Attorney General, and Timothy F. Geithner, Secretary of the U.S. Department of Treasury.
Among the constitutional objections raised in the lawsuit will be Congress’s lack of authority to require private citizens to purchase or obtain health care coverage under penalty of federal law, as well as forcing Americans who oppose abortions to fund them with their tax dollars in violation of their fundamental rights of conscience and the free exercise of religion.
Legal experts believe these lawsuits have merit.
For instance, Reuters is reporting that Michael Boldin, founder of the Tenth Amendment Center, a think tank on the relationships of the states and federal government, pointed to previous state movements to nullify federal laws in areas such as medical marijuana and Real ID, a federal standard for driving licenses. In the case of marijuana, Boldin said 14 states allow its use for medical purposes despite a prohibition in federal law that has been upheld by the U.S. Supreme Court.
He said a similar situation may arise with healthcare reform, where there could be mass noncompliance with the law without any real consequences.
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