Soon after the Socialists and Criminals in our govenment passed the government takeover of our unique health care system, commonly known as ObamaCare, Virginia filed suit against HHS to prevent its implimentation. Virginia argued that the new law violates the 10th Amendment.
Well, now the battle is on. Brian, time to bar the doors and open the gun-holes.
The HHS Secretary, Kathleen Sebelius, has filed a motion in court to have Virginia's lawsuit thrown out on its arse. She basically spits at Virginia's belief in state's rights.
Health and Human Services Secretary Kathleen Sebelius argued in a motion filed hours before a midnight deadline that the law is well within the scope of the Constitution's Commerce Clause.
Sebelius argues in her dismissal motion, however, that Virginia lacks the standing to sue.
"A state cannot ... manufacture its own standing to challenge a federal law by simple expedient of passing a statute purporting to nullify it," read the motion. "Otherwise, a state could import almost any political or policy dispute into federal court by enacting its side of the argument into state law."
Sebelius also contends that the new law, passed solely by the ruling Democrats in Congress and signed by a Democratic president, is constitutional.
"Even if Virginia could surmount this jurisdictional barrier, its claim still would fail because Congress, in adopting the minimum coverage provision, acted well within its authority under the Commerce Clause," the motion says.
In other words, since she feels that since the Congress enacted this law, then it is obviously Constitutional. And since this Congress enacted this law, then states have no say Feds rule, States drool.
Rest assured, Virgina is not alone. According to the article there are over a dozen other states also suing the Feds. Others may join depending on the outcome of this next November election. I believe Oklahoma will be one of them. Oklahoma has a Dim Democrat Attoryney General and he has emphatically stated that he will not file a suit. We also have a Democrat Governor. Oklahomans are hoping to have a Quad-fecta this November. The Republicans have the House and Senate for the first time ever. And with a Republican Governor and Attorney General, Oklahoma may be a force to be reckoned with in the years to come. But I digress.....
What are HHS' belief as to the necessity of the ObamaCare nationalization of our glorious and unique health system?
"When accidents or illnesses inevitably occur, the uninsured still receive medical assistance, even if they cannot pay. As Congress documented, such uncompensated health care costs - $43 billion in 2008 - are passed on to the other participants in the health care market: the federal government, state and local governments, health care providers, insurers, and the insured population," the motion says.
A kindergartner could figure the idiocy in that statement out. If an uninsured is unable to pay for the care received for their cuts and scapes and accidents, the how in the Socialist world could they pay for the MONTHLY HEALTH CARE INSURANCE PREMIUM??!!?
And you know what? THEY WON'T ANYWAY!!! That is what the subsidies were for. How is this setup any different that they are now. Right now, the care of the uninsured are handled a variety of ways:
1) The caregiver bills and collects directly from the uninsured.
2) The caregiver is reimbursed by insurance agencies that are reimbursed via all the other policy holders.
3) The caregiver is reimbursed by the federal government which is reimbursed via all the other tax payers.
A caregiver can be reimbursed via one or any combination of the above methods. Tell me how this current situation is any different than what ObamaCare plans to do VIA THE PENAL CODE!?!?!
I have a feeling that these first few suits will be thrown out. Yet, I have faith that they will be taken to the Supreme Court where at least 4 of the members are dying to get this horrific anti-America law in front of them.
Payback is hell. And fun to watch sometimes, too.