As of last week, 14 state attorneys general have indicated their determination to challenge the health care bill on the grounds that it’s unconstitutional. All are Republicans except one.
Congressman Jim Clyburn, who was instrumental in getting votes to pass the health care plan, says history shows that states cannot overturn federal law.
Clyburn says similar lawsuits have happened before.
This running around filing lawsuits is reminiscent of lawsuits filed to keep from integrating schools. They sued against the Civil Rights Act. They sued against the Voting Rights Act. Every time someone tries to establish a right for a group of people, they start suing. They lost all the suits and they’ll loose this one. It’s wasting money.
Clyburn notes that after the Republican Party pledged to repeal the Social Security Act in the 1936 election, opponents went to the Supreme Court, but the Court, in a 5-4 decision, upheld the provisions. But Clyburn added that no one knows how the current Supreme Court will vote.
Clyburn says the lawsuits and attacks on the bill by Republicans are ways of spreading fear.
And what was supposed to happen if they passed Social Security? And my lord, what was to happen if black and white kids went to school together? I remember some of the speeches on the floor of the House. And they were some horrible speeches. I can tell you that.
State lawmakers in 38 states have submitted legislation to oppose the health care reform. South Carolina is one of those, where a proposal would prohibit the state from requiring individuals to purchase insurance, designed to preempt any federal law that restricts a person’s choice to pay for medical services if they choose.
Part of the criticism over the health care bill has been what it will cost states–an estimated $914 billion expense to all states by 2019. But Clyburn says that’s a cumulative total, and also speculation, since a lot can change in nine years, including the economy and the health care system.