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Home / Articles / News / News /  Colorado attorney general joins lawsuit challenging health care reforms
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Tuesday, March 23,2010

Colorado attorney general joins lawsuit challenging health care reforms

By David Accomazzo

Colorado Attorney General John Suthers announced Monday he will join a lawsuit with at least a dozen other state attorneys challenging the constitutionality of the new federal health care legislation, which President Barack Obama signed into law earlier today.

Suthers, a Republican, joins the attorneys general from Alabama, Nebraska, Texas, Pennsylvania, Washington, Utah, South Dakota, Florida, Idaho, Michigan and South Carolina in the lawsuit, according to Mike Saccone, Suthers’ communications director. North Dakota Attorney General Wayne Stenehjem is considering joining the lawsuit but as of now, has not made a decision in that regard, according to a press release.

What Suthers and the other attorneys are challenging is the individual health care mandate requiring  citizens to purchase health insurance.

“The United State Constitution enshrines a form of limited government to protect the rights of the states under a system of federalism and to protect the individual freedom of American citizens. The individual mandate to purchase insurance or suffer economic sanction violates constitutional principles and lacks constitutional authority,” Suthers said in a press release. "The Constitution gives Congress the enumerated powers to regulate those engaged in interstate commerce. It does not give the Congress the power to compel a citizen, who would otherwise choose to be inactive in the marketplace, to purchase a product or service and thereby become subject to congressional regulation. Such an expansion of the current understanding of the Commerce Clause would leave no private sphere of individual commercial decision making beyond the reach of the federal government. It would render the 10th Amendment meaningless.”

Governor Bill Ritter criticized Suthers’ decision, expressing confidence that the reforms are constitutional and praising the new legislation. In a press release, his office said the new reforms would provide insurance to 300,000 previously uninsured Coloradoans.

“Colorado and all states need national reform to ensure that people with pre-existing illnesses do not lose coverage or are denied coverage. We need national reform to help drive down costs, and we need national reform to stop annual double-digit insurance premium increases that are devastating small businesses and families alike,” the governor said.

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To: attorney.general@state.co.us Subject: A .G. Idiocy Date: Tue, 23 Mar 2010 15:37:06 -0600 I guess that you have no long term political ambition, because this decision to try to kill health care reform will haunt you long after the upcoming midterm elections. The only possible reasoning that makes sense is that you plan to become one of those talk radio nuts. When the old folk independents, I'm 72, and the young independents find out what this bill actually means you will be political dead meat. It's sad to see anyone sacrifice everything for a possible short-term gain. It's Sort of like Wall Street except that they scored hundreds of millions of dollars. What are you gaining. A man with no principles except short term gain is not what the people long for. Yours Truly,A western slope independent

 

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What a disappointment. Why do you presume to take such action on behalf of Colorado? If the act is illegal, the Supreme Court will say so soon enough but you are spending our money and your time (which we are paying for) without receiving any directions from anyone to take this action. I've been a strong supporter and voted for you. Never again.

 

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I am just as concerned about this healthcare debacle that the federal government wants everyone to contribute to. We just can't afford it and something needs to be done to stop it. It is my understanding that you are going to challenge this issue in federal court. I would like to provide you with a little bit of information that might help you win this case. As we are all aware, there will be some states that will take the government to task on the Healthcare bill that was just passed. In thinking about how they will proceed with this, it is my understanding that the Healthcare bill is unconstitutional because the government is requiring everyone to pay monies to the federal government in the form of a tax. Now the governments position is going to be that this is a income tax and as such it is legitimate. But is it really? We all know what an "income tax" is or do we? An income tax is a tax on the profits or on the "fruits of labor" of an individual. The real question that has to be asked is "what is the purpose of the tax - regardless of weather it is an income tax or any other tax? Blacks Law dictionary describes a tax as follows: To impose a tax; to enact or declare that a pecuniary contribution shall be made by the persons liable "for the support of the government" So, getting back to the healthcare tax - it is a tax for the support of the government or is it otherwise. If the healthcare tax is not being used for the support of the government then the government has no legal authority to impose the tax. If you look up any definition of the word tax weather it be an income tax, state tax or otherwise, the main purpose of it is to support the government. I think the healthcare tax can be challenged on this basis and unless proven otherwise, it can overturn the healthcare bill and make it "null and void for want of collection". This may be the way to approach this challenge. SteveKJR

 

REPLY TO THIS COMMENT

Thank you for standing up for what is right.  While I believe that there must be insurance reform to promote the general welfare of those who can not provide coverage for themselves and their family for whatever reason, I am not willing to shred the constitutional protection that allows us our freedom from governmental intrusion into our lives.  Governor Ritter is wrong and is taking a position that leads us away from personal freedom. Protect the Constitution and the Bill of Rights.

 

REPLY TO THIS COMMENT
There is a politician out there who is still human! Thank you John Suthers. It says, “Governor Bill Ritter criticized Suthers’ decision, expressing confidence that the reforms are constitutional and praising the new legislation. In a press release, his office said the new reforms would PROVIDE insurance to 300,000 previously uninsured Coloradoans.” PROVIDE? That would be great if the government were to PROVIDE the insurance, but they are not providing anything. They are FORCING people to purchase something they don’t want, don’t need, or can’t afford (otherwise they would already have it now, wouldn’t they!) What they have PROVIDED all of us with is a big mess! And once again stripped us of our freedoms and eradicated the Constitution of the United States of America. What if they never stop telling us all how to live and what to do? There is a name for this. I think there should be a manditory day (at least) once a year when every person holding any political office, including the president, should be forced to sit down and re-read the Constitution and the Bill of Rights, and then be given a test. If they don’t pass the test, they must resign from office. Just think, if nobody had to pay for any insurance of taxes (very expensive things that you can not see) - we would all be rich!!! (or at least be able to live comfortably)

 

 
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