The Red States jumping onto a bandwagon to sue the federal government over the health care bill makes for fine political theater and should help gyrate the GOP grassroots into a tizzy for at least the next election cycle.
Now, I’m not defending the health care bill. It scares the bejeezus out of me. But from a constitutional law perspective, the states’ challenge appears to be a bunch of hogwash.
I don’t pretend to be a legal scholar (OK, I have before in this column); but I base the above statement on what appears to be the overwhelming majority opinion of legal scholars coming out over the last week or so. Even very conservative constitutional law scholars, such as Ronald Reagan’s former solicitor general, believe the states are all wet on this, legally.
Much of the states’ argument is based on the 10th Amendment. It reads: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
Read more: http://www.sunherald.com/2010/03/27/2056193/mississippis-lawsuit-decision.html#ixzz0ja3cJPFv