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Thursday, March 25, 2010

Caldwell to Challenge Health Care's Constitutionality

By the end of 2010, I predict that Buddy Caldwell will take over for Joe Liberman as Republican's favorite Democrat. Caldwell is conducting the most serious investigation of ACORN. At some point, I believe he will come down with serious charges. He's also become the first Democratic AG to challenge the constitutionality of health care reform.

Caldwell said through a spokeswoman that he has not yet decided whether Louisiana will join other states that are fighting the health care bill on constitutional grounds, or file a separate suit to "protect the rights of Louisianians that are adversely impacted by the recently passed federal legislation on health care."

The comments by Caldwell, a Democrat, came on a day when Florida Attorney General Bill McCollum announced that he and nine other attorneys general plan to challenge the constitutionality of the bill as an infringement on state sovereignty.

Gov. Bobby Jindal said he supports Caldwell's efforts, and that the bill that cleared Congress late Sunday without a Republican vote is an unconstitutional expansion of federal power because it would require most Americans to carry health insurance by 2014 or face a fine.

This is a break through in that Democrats can no longer claim that these challenges are strictly partisan. The number of states that are challenging the constitutionality of health care reform is growing. That will become the story of the spring and summer. It's hard to imagine that the Supreme Court won't look at this case. From there, it's anyone's guess.

The issue will come down to whether or not the federal government can force an individual to buy anything, health insurance included. Such a view would see the powers of the federal government as quite expansive.

Whatever the outcome, the spectacle of about half the states taking on the federal government will be political theater at its finest. It will also be a major embarrassment for Obama as many states revolt against him. Of course, if he loses, his entire administration will again be in danger.


AG said...

May I ask why it is you think so many things could seemingly bring Obama's presidency crashing to a halt at any second?

Although I notice you didn't include the House having to vote on reconciliation again on that list.

mike volpe said...

That's because Obama's presidency is on the brink. He passed a deeply unpopular bill just to save it. That's not a good place to be. Reconciliation will pass so that's rather boring.

If this is ruled unconstitutional, that is so embarrassing it's unbelievable and would be the same as not passing it at all.