McCollum Sues Federal Government Over Health Care
Published: 2010-07-13 21:18:27
Author: Tim Kephart | CBS 4 | March 23, 2010
Minutes after President Barack Obama signed into law the health care reform act, Florida attorney general Bill McCollum joined 11 other Republican attorneys general and 1 Democratic attorney general in a lawsuit to overturn the health care reform act. The lawsuit, filed in Pensacola, focuses on the provision in the health care reform bill that mandates citizens to purchase health care insurance.
"This bipartisan effort by Attorneys General around the country should put the Federal Government on notice that we will not tolerate the constitutional rights of our citizens and the sovereignty of our states to be trampled on," said Attorney General McCollum. "I will pursue this litigation to the highest court if necessary."
McCollum's staff told CBS4.com's Tim Kephart that the mandate to purchase health care insurance essentially was a "living" tax. In other words, McCollum's claim was that it's unconstitutional for the government to mandate you purchase health insurance just because you're alive.
His Democratic opponent in the gubernatorial campaign, Florida CFO Alex Sink, fired back at McCollum for using his office for political gain and wasting taxpayer money.
"Lawsuits and partisanship won't do anything to help Floridians get better health care," Sink said in a statement sent to CBS4.com's Kephart. "But if Bill McCollum brought the same kind of energy to fighting Medicaid fraud as attorney general, Medicaid fraud might not be costing Floridians an estimated $3.2 billion every year.
Fellow Democrat, Florida Senator Dan Gelber echoed Sink's sentiments. "We live in a state with a full-blown health care crisis. AG McCollum has a pattern of blocking health care," Gelber said. "He is spending million to defend the state's failure to provide medical and dental care to poor and disabled children (a suit that should have settled years ago.)
McCollum said the new bill invades the sovereignty of the states; states can't afford it; and others at a Tuesday press conference from McCollum made reference to a states' rights argument.
Specifically, McCollum said the mandate exceeds the powers of the United States under Article I of the Constitution and violates the Tenth Amendment to the Constitution. He further states the tax penalty constitutes an unlawful direct tax "in violation of Article I, sections 2 and 9 of the Constitution."
Full story
Published: 2010-07-13 21:18:27
Author: Tim Kephart | CBS 4 | March 23, 2010
Minutes after President Barack Obama signed into law the health care reform act, Florida attorney general Bill McCollum joined 11 other Republican attorneys general and 1 Democratic attorney general in a lawsuit to overturn the health care reform act. The lawsuit, filed in Pensacola, focuses on the provision in the health care reform bill that mandates citizens to purchase health care insurance.
"This bipartisan effort by Attorneys General around the country should put the Federal Government on notice that we will not tolerate the constitutional rights of our citizens and the sovereignty of our states to be trampled on," said Attorney General McCollum. "I will pursue this litigation to the highest court if necessary."
McCollum's staff told CBS4.com's Tim Kephart that the mandate to purchase health care insurance essentially was a "living" tax. In other words, McCollum's claim was that it's unconstitutional for the government to mandate you purchase health insurance just because you're alive.
His Democratic opponent in the gubernatorial campaign, Florida CFO Alex Sink, fired back at McCollum for using his office for political gain and wasting taxpayer money.
"Lawsuits and partisanship won't do anything to help Floridians get better health care," Sink said in a statement sent to CBS4.com's Kephart. "But if Bill McCollum brought the same kind of energy to fighting Medicaid fraud as attorney general, Medicaid fraud might not be costing Floridians an estimated $3.2 billion every year.
Fellow Democrat, Florida Senator Dan Gelber echoed Sink's sentiments. "We live in a state with a full-blown health care crisis. AG McCollum has a pattern of blocking health care," Gelber said. "He is spending million to defend the state's failure to provide medical and dental care to poor and disabled children (a suit that should have settled years ago.)
McCollum said the new bill invades the sovereignty of the states; states can't afford it; and others at a Tuesday press conference from McCollum made reference to a states' rights argument.
Specifically, McCollum said the mandate exceeds the powers of the United States under Article I of the Constitution and violates the Tenth Amendment to the Constitution. He further states the tax penalty constitutes an unlawful direct tax "in violation of Article I, sections 2 and 9 of the Constitution."
Full story