Texas Legally Challenges Healthcare Bill
by: Laurie Johnson, March 22, 2010 11:03:00 pm
"It'll be a firework display of lawsuits."
That's Prof. Gerald Treece with South Texas College of Law. He says the legal threats and challenges to the federal healthcare bill will come from every sector, but much of the charge will be led by the states.
"I think that there's a potpourri of arguments, but they boil down to an attack on the federal system based on state sovereignty. Because the 10th Amendment says that the powers not given to the federal government are reserved to the people and the states respectively."
Texas Attorney General Greg Abbott is one of the 38 who plan to challenge whether the federal government has the right to require all states to participate in the program.
"I'm working with a group of attorneys general from across the country, both Republican and Democrat, where we want to send the strongest signal to Washington D.C. that this health care bill, while it may be well-intentioned to try to improve health care in America, the path they chose is an unconstitutional path. And so we will be filing a multi-state litigation, letting Washington D.C. know that they crossed the line in passing this bill by violating the constitution."
Abbott says that lawsuit will be filed tomorrow in Florida. He says the litigation will charge that the health care bill violates the Constitution's Commerce clause as well as the 10th amendment.