News -> INDReporter FRI, MAR 26 2:36PM by Walter Pierce

It’s official: La. signs on with Fla. in legal challenge to HCR

State Attorney General Buddy Caldwell released a statement this afternoon indicating that Louisiana has joined a lawsuit filed by the state of Florida against a recent bill signed by President Barack Obama reforming the U.S. health care system. Earlier this week after Obama signed the bill Gov. Bobby Jindal asked Caldwell to investigate the feasibility of a legal challenge. Caldwell indicates in today’s press release that he finds “substantial legal merit” in the case because the bill is an “unfunded mandate” from the federal government to the states:

To save Louisiana the potential expense of filing a separate suit regarding the health-care legislation, it was my decision to sign-on to Florida’s well-drafted action at minimal cost to Louisiana and accomplish the same legal purpose.  

According to DHH Secretary Alan Levine a substantial financial burden is imposed on Louisiana by this legislation. According to Secretary Levine, there is a minimum added cost to Louisiana of approximately $350 million a year to implement this act, because Congress passed this as an UNFUNDED MANDATE by the federal government to the state government. This will cause our poorest people to be severely impacted by this far-reaching action by Congress.  Unfunded mandates have been successfully challenged in court before.

Also, a primary issue is whether the Congress can order every person to have insurance or pay a severe penalty if they don’t. People are not given a choice to “opt-out” legally. Unlike mandatory rules governing Medicare and Medicaid, this new federal law will penalize and punish citizens for simply electing not to buy the mandated health insurance. This is new territory that has not been tested in the courts, which is where such matters are resolved.

As Attorney General I will not engage in political opportunism or partisan politics nor file any claim that does not have substantial legal merit.

Walter Pierce
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Comments (5)add
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written by NORTHSIDIAN SHOTGUN , March 26, 2010 - 11:31 pm
Ay,it will implode, then explode, our country America, as we and our parents have knon this once great shall crumble from within, the current president is the chosen one to begin the downfall of our country.................
But, never believe it is solely a Democratic, engineered movement, the Republicans are waiting in the wings, there is no way that Mr. Obama will serve two terms, he will use every imaginable trickery
to weaken this country, and he will prepare the country for the incoming Republican party, and they shall finish the enslavement of the American people..........The passage of the " Health Care Bill, is the beginning of the end, for our freedom and the manner of life, as we have known life, in these United States.
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written by Plumpy , March 27, 2010 - 05:39 pm
I'm sure Caldwell would rather be doing something else... This lawsuit not going anywhere's..Obama care is here to stay ..Like ir or not...Get over it...
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written by EXISTENTIALIST MAN , March 27, 2010 - 09:15 pm
PRAY TELL ME, AM I WRONG IN BELIEVING THAT THE REPUBLICANS WORKING SO HARD TO SAVE US, THE TAX PAYERS FROM THIS DEMOCRATIC MOVEMENT TO INSURE EVERY AMERICAN WITH HEALTH COVERAGE, IS BECAUSE THE REPUBLICANS ARE SAFEGUARDING """"US ? THEY ARE PROTECTING US !
GOD, SINCE WHEN HAS EITHER PARTY EVER FOUGHT SO HARD TO PRORECT US, THE AMERICAN TAX-PAYER............I REPEAT,EITHER PARTY! LETS CLEAR ONE DUMBASS STATEMENT :
THERE CAN ONLY BE AN UNDISCOVERD SECRETIVE MOTIVE FOR BOTH SIDES TO FIGHT SO HARD AGAINGST EACH OTHER, WHEN EACH PARTYS SOLE CONCERN WHOSE HAS ALWAYS BEEN, THE WELL-BEING OF THEIR OWN """ ASS.......
THERE MUST BE TWO UNDERLYING REASONS, 1. THERE MUST A PIG IN A POKE SOMEWHERE..................2. THE REPUBLICANS ARE FIGHTING TO GET THAT PIG IN THEIR OWN TIME, SUCH AS WHEN THIS COMMUNIST-INFUSED PRESIDENT GETS HIS SELF-UNELECTED..........NEXT ELECTION..... WE HAVE ALL LEARNED BILLS ARE MADE AND PASSED TO ENRICH A SELECT FEW, AND NOT THE TAX-PAYERS , AND BILLS ARE KILLED, CHANGED ETC.
BUT THE STATEMENT TAKEN FROM THE RE: ARTICLE ABOVE........
"THIS WILL CAUSE OUR POOREST PEOPLE TO BE IMPACTED........PLEASE
THE POOR PEOPLE CANNOT BE IMPACTED........THEY PAY NO TAXES AND IF ALL THE GIVE-AWAY PROGRAMS ARE ...AFFECTED... THEN THE TAX-PAYERS WILL BE MADE TO CARRY THE LOAD...FOR ALL THE FREEBIES, FOR ALL OF THOSE HEALTH PEEPS WHO LAY AROUND "UNEMPLOYED AWAITING THEIR GOVERMENT CHECK EACH MONTH"....GOVERMENT CHECKS BUY ALOT OF VOTEAS COME ELECTIONS EVEN THE SLOW LEARNT CHECK RECEIPIENTS, CAN PULL A VOTE, THATS INSURED BY THR EASY CUSH JOB HOLDERS IN GOVT. WHO BUS THESE PEEPS TO THE POLLS...........
THIS COUNTRY WILL NEVER BE, THE COUNTRY IT COULD BE, AS LONG WE HAVE A TWO PARTY SYSTEM......AND THERE ARE NOT ENOUGH HONEST,
TRUE-BLOOD AMERICANS TO FORM A THIRD PARTY, AND ACTUALLY IT WOULD ONLY TAKE ONE-THIRD THE NUMBER OF TRUE AMERICANS TO GOVERN THIS COUNTRY....... "BUT, WHAT WOULD WE DO....WITH ALL THE PROFITS ?
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written by Morrow , March 28, 2010 - 11:23 am
The sky is falling, the sky is falling....

That's been the cry for years.....
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written by ragin_cajun , March 29, 2010 - 03:07 pm
This is pretty simple. You can't mandate that people buy health insurance. The constitution is very simply written, and it's easy to go back and read what the framers meant when they debated it and wrote it. Then there were all the ratification debates in all the state legislatures. Nobody thought that the constitution would create a national government anywhere near as big and powerful as the one we have today.
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