Obamacare sparking 10th Amendment rebellion, action in seven states


By: Mark Tapscott
Editorial Page Editor

12/22/09 6:01 PM EST

Looks like the steadily growing list of constitutional, ethical and political outrages that constitute the Harry Reid version of Obamacare is sparking a rebellion in the states, as AP reports South Carolina's attorney general plans to investigate the vote-buying that surrounded the proposal in the Senate majority leader's office.

According to AP, South Carolina's Henry McMaster is being joined by the attorneys general of Michigan and Washington state in a suit to determine the constitutionality of the Obamacare proposal. Their initiative was prompted by a request from South Carolina's two senators, Lindsay Graham and Jim DeMint, both Republicans.

Attorneys-general in at least four other states are also considering joining McMasters, according to AP. A move by a group of states to challenge the constitutionality of Obamacare could reinvigorate the efficacy of the 10th Amendment, which reserves to the states or the people all rights not specifically granted to the federal government.

Graham has been all over cable news today visibly angry about the vote-buying by Reid that secured the votes of Senators Mary Landrieu of Louisiana, Ben Nelson of Nebraska, and Bernie Sanders of Vermont, as well as possibly other senators as yet unknown.

DeMint has also been active, especially on the issue of the Reid amendment's provision seeking to bar future congresses from changing even a single word of Section 3403 on the Independent Medicare Advisory Board (IMAB).

The IMAB will become the federal health care ground zero under Obamacare if it becomes law. Ed Morrissey at Hot Air has a link to DeMint's floor speech on the issue and additional information, analyses, and links.

Nelson's deal with Reid has attracted the most attention because it exempts Nebraska from paying its share of Medicaid expenses in perpetuity. Medicaid expenditures are among the most expensive federal mandates on state governments, and the Obamacare bill will significantly increase costs for all other states that don't somehow wangle a similar deal.

It also raises a constitutional issue, which McMasters explained in a statement issued earlier today:

"The Nelson provision is unusual in that there is not cut off date or phase out. Many provisions in federal law have a sunset date -- say 2, 5, 10, or even 20 years-- but this provision will continue in perpetuity. Quite obviously, this issue raises very serious concerns about equity, tax fairness as well as the constitutionality of having federal tax levies and mandates that treat one state differently from all the others.

"If the Nelson provision is not unprecedented, I feel comfortable in saying it is an exceptionally rare occurrence. States generally are treated in a similar manner. In this case, Nebraska will be treated in a widely divergent manner than any other state.

"Beginning today, I have instructed my attorneys to begin looking into the constitutionality of this provision and exploring the options that may be available to South Carolina and other states to defend taxpayers should this provision ultimately become law."

My colleague David Freddoso wonders what might happen if the governors of states bordering Nebraska - Kansas, Colorado, Wyoming, Iowa, and Missouri - announce that they are no longer funding their Medicaid programs and encourage those needing Medicaid services to visit the Cornhusker state.

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I was just reading about this.

A study by the Center for Responsive Politics (CRP), Northwestern University and the Chicago Tribune, published in the newspaper Sunday, found that health care lobbyists have spent more than $396 million this year to influence senators and congressmen engaged in passing the health care restructuring legislation, and $862 million in 2008-2009 combined.

With the frenzy of lobbying in the last quarter of 2009, the two-year total will go well beyond $1 billion.

The drug industry alone has spent $199 million on lobbying in the first nine months of the year, which CRP said was the largest such amount ever spent by any industry on any issue. The drug lobby negotiated a deal with the White House in the spring to limit to $80 billion over ten years the amount that the drug companies would have to accept in discounts and rebates as their “contribution” to paying for the health care overhaul. Efforts by some Senate and House Democrats to impose greater costs on the industry, as much as $200 billion, have been beaten back with the support of the Obama administration.

The 338 health care corporations and associations hired at least 166 former staffers and 13 former members of the nine congressional leadership offices and five committees with a role in shaping health care legislation. Another 112 former staffers worked as lobbyists on health care legislation for non-health care companies.

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