Buck up Buddy treading water again – this time on Federal Health Care Legislation

Good ole Buck up Buddy, it’s time to sink or swim – who let Foti’s insurance antitrust suit slip away is back on the wrong side again.

No need to guess the lone Attorney General with a D (for dense Democrat) by his name who put Louisiana among the 13 states filing suit against the federal government, “claiming the landmark health care overhaul is unconstitutional just seven minutes after President Barack Obama signed it into law”.  The Clarion Ledger has the story in  States sue over health care law.

The lawsuit was filed in Pensacola after the Democratic president signed the bill the House passed Sunday night.

“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,” the lawsuit says.

Legal experts say it has little chance of succeeding because, under the Constitution, federal laws trump state laws.(emphasis added)

Will Bardwell, [email protected],  explains why the suit has “little chance of succeeding” in his post, The Interstate Commerce Clause and Barbour’s Constitutional Conundrum

Whether the newly enacted health care reform package amounts to good policy is a question on which reasonable people can disagree. What is beyond even the most abstract, academic argument is the fact that the legislation is a permissible use of Congress’ constitutional authority. Continue reading “Buck up Buddy treading water again – this time on Federal Health Care Legislation”