Minnesota Democrats defend federal health care reform
Thirty-four members of the Minnesota Legislature signed a “friend of the court” brief in the lawsuit challenging the Affordable Care Act (ACA). A Florida judge ruled the ACA unconstitutional and the case is currently in the U.S.
Thirty-four members of the Minnesota Legislature signed a “friend of the court” brief in the lawsuit challenging the Affordable Care Act (ACA). A Florida judge ruled the ACA unconstitutional and the case is currently in the U.S. Court of Appeals in the 11th District. The Minnesota legislators filed the brief in support for the ACA’s constitutionality, and they constitute one-fifth of the 154 legislators in 26 states that filed the brief. All are DFLers. The move comes as Republicans in the Minnesota House and Senate have included provisions in the health and human services omnibus bills that would ban the ACA from being implemented in Minnesota.
The legislators argue that the ACA is constitutional using the following arguments:
“„The Framers Wrote The Constitution To Give The Federal Government Legislative Power To Address National Concerns, While Preserving The States’ Ability To Act In Matters That Do Not Require A National Response. The Framers Included The Commerce Clause In The Constitution To Allow The Federal Government To Legislate Affairs Among The Several States That Require A Federal Response. Under The Text And Original Meaning Of The Necessary And Proper Clause, Congress Has Broad Latitude To Employ Legislative Means Naturally Related To The Lawful Objects Or Ends Of The Federal Government. The Affordable Care Act Respects The Federal-State Partnership On Health Care And Preserves Constitutional Federalism.
The Constitutional Accountability Center filed the brief on behalf of the legislators.
“The Affordable Care Act is not only a constitutional exercise of the federal government’s power, it is an example of cooperative federalism at its very best,” CAC President Doug Kendall said in a statement. “Our clients strongly disagree with the state Attorneys General and Governors, some from their own states, about both the constitutionality of the ACA as well as the wisdom of the law, which they believe will strongly benefit their states.”
Republicans in the Minnesota Legislature have offered legislation that would ban the implementation, saying that the ACA violates the 9th and 10th amendments to the U.S. Constitution. DFLers have said the move to ban “Obamacare” — as Republicans call it — was reminiscent of 10th amendment battles earlier in American history including that of slavery and civil rights.
The letter was signed by: Sen. Thomas Bakk, Rep. John Benson, Sen. Linda Berglin, Rep. Lyndon Carlson, Rep. Bobby Jo Champion, Sen. Richard Cohen, Rep. Jim Davnie, Sen. Scott Dibble, Rep. Andrew Falk, Rep. Patti Fritz, Rep. Marion Greene, Rep. Mindy Greiling, Rep. Jeff Hayden, Sen. Linda Higgins, Rep. Bill Hilty, Rep. Larry Hosch, Rep. Tom Huntley, Rep. Sheldon Johnson, Rep. Phyllis Kahn, Rep. Tina Liebling, Rep. Diane Loeffler, Sen. Tony Lourey, Rep. Carly Melin, Rep. Rena Moran, Rep. Erin Murphy, Rep. Mike Nelson, Sen. Ann Rest, Sen. Katie Sieben, Rep. Nora Slawik, Rep. Linda Slocum, Rep. Paul Thissen, Rep. Tom Tillbury, Sen. David Tomassoni and Rep. Jean Wagenius.
Here’s the brief:
Related
MA-Sen: 150 Conservative Bloggers Fan Out, Looking for Scandals
BOSTON -- The mysterious Election Journal blog, which first released the infamous 2008 video of two bumbling New Black Panther Party members waving nightsticks
MA-Sen: 66 to 19
BOSTON -- That, via Alex Isenstadt and Josh Kraushaar, is the number that defined the Massachusetts Senate race more than anything else. From the primary
MA-Sen: A Text Message From Scott Brown
BOSTON -- Having signed up for Scott Brown’s text message service for election day, I just got this text: Are you about to have lunch? It’s a great time to
MA-Sen: Loyal Democrats Grouse About Coakley
BOSTON -- A little while after noon, a steady crowd of Democratic voters streamed into the Cathedral High School Gymnasium to cast votes for their party’s
MA-Sen: Brown Wins
BOSTON -- At 9:20, the first rumors of Scott Brown’s victory in the Massachusetts Senate race started to work around the room. A moment later, Doug Flutie
MA-Sen Photos: ‘Paint the Town Red! Croakley’s Dead!’
Below are some photos of yesterday’s People’s Rally in Worcester, the rally that Brown held to counter-program the Obama rally in Boston. The crush of
MA-Sen: Out-of-Staters for Brown
BOSTON -- A surprising discovery at yesterday’s People’s Rally in Worcester was just how many people had traveled into the state to assist, in whatever way,
Menendez, Lautenberg to Continue BP-Lockerbie Investigation
Sens. Robert Menendez and Frank Lautenberg, both New Jersey Democrats, will continue to seek details about BP’s alleged involvement in the release last year of
Net Investors Bullish on Palin’s Prospects for Staying on Ticket
Just for fun, the Internet prediction Website Intrade has opened a contract on whether Alaska Gov. Sarah Palin will be withdrawn as McCain’s running mate.
No Experience Necessary
Gov. Sarah Palin’s a middle-class hockey mom, but does that really qualify her to be vice president?