The joint lawsuit led by Florida and now grouping 20 states was filed on March 23 by mostly Republican attorneys general.
It claims the sweeping reform of the $2.5 trillion U.S. healthcare system,
pushed through by Democrats in the U.S. Congress after months of bitter
partisan wrangling, violates state government rights in the U.S.
Constitution and will force massive new spending on hard-pressed state
governments.
Florida Attorney General Bill McCollum, who is seeking the Republican nomination to run
for Florida governor, told a news conference in Tampa an amended
version of the lawsuit was filed on Friday in the U.S. District Court
for the Northern District of Florida.
In addition to seven states not named in the original complaint, McCollum
said plaintiffs in the lawsuit now included the National Federation of
Independent Business.
The NFIB describes itself as the leading association representing small U.S. businesses in America.
Karen Harned, who heads the NFIB's Washington-based small business legal
center, told the news conference the healthcare reform law was both
unconstitutional and bad for business.
"The federal government has really simply gone too far with this law," she said.
Any healthcare overhaul should have addressed the problem of "outrageously
high healthcare insurance costs" in America, but that did not happen,
Harned added.
"After all the political deals were made, small businesses were left with a law that
does little to address costs and instead is filled with new mandates,
taxes and paperwork requirements that increase the cost of doing
business," she said.
McCollum said on Friday that the suit was likely to end up in the hands of the
Supreme Court, but it may not be until 2013 before the court reaches a
final decision in the case.
STATE VS. FEDERAL RIGHTS
Many legal scholars believe the supremacy clause of the Constitution --
which puts the powers of the U.S. government above those of the states
-- should prevail. There seems to be no consensus on how the court
might rule, however.
McCollum has said repeatedly that, apart from encroaching on state-government
rights, the federal government cannot mandate that all citizens buy
healthcare coverage or be forced to pay a tax penalty.
"Our scholars all say that that's unconstitutional," he said.
The Justice Department, responsible for defending U.S. law in court, has
said it will vigorously fight any challenges to the new healthcare law,
which it insists is constitutional. The White House has also said it
believes the suits will fail.
Apart from Florida, states joining in the lawsuit include Alabama, Alaska,
Arizona, Colorado, Georgia, Idaho, Indiana, Louisiana, Michigan,
Mississippi, Nebraska, Nevada, North Dakota, South Carolina, South
Dakota, Pennsylvania, Texas, Utah and Washington.
Another state, Virginia, has filed a separate suit, arguing that the new law's
requirements that most Americans buy health insurance clash with a
state law that exempts Virginians from federal fines to be imposed for
not having health insurance.
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