The Legal Conservative

Attached is a copy of the suit just filed challenging the constitutionality of President Obama’s Health Care Legislation. Analysis to follow, but wanted to get the suit up immediately, it has been filed in Federal Court in the Northern District of Florida.  Healthcare Unconstitutional COMPLAINT (03-23)

Ok, having had time to review the complaint, the basic arguments are summarized below:

1. Congress has no Constitutional authority to pass this healthcare act, not authority under Art I, or specifically the commerce clause or the taxing and spending clause.
2. Congress, by depriving the states of control over their budget processes because of  the unfunded mandates in this bill, has deprived the states of their sovereignty and the right to a republican form of government guaranteed under Art IV, Sec. 4 of the constitution.
3. Congress has violated the states’ 10^th amendment rights by requiring that states and state employees be agents of the Federal Government to enforce Federal Regulation, without federal payment.
4. Congress imposing a tax penalty for failure to have insurance is a violation of Art I, Sections 2 and 9, in that this is a direct that is not apportioned among the states according to a census, and is unrelated to any taxable activity or income.
5. Congress imposing a tax penalty for inactivity or a failure to engage in an activity is in violation of the powers reserved to the States or the people under the 10^th amendment, and is not predicated on any constitutional grant of authority to congress.

Some of you may have wondered whether there would be anymore updates, and the answer is yes- there are plenty of interesting matters to cover. For the past two months I just was caught up in some major client projects- do have to pay the bills after all, and as the father of 4 month old twins, adorable but demanding. look for new posts shortly, and don’t forget to send me suggestions of cases to cover, thanks.