South Dakota could join challenge to Obamacare based on the Cornhusker Kickback
From today’s Argus Leader, it looks like South Dakota could join the other states in challenging Obamacare based on the kickback given to Nebraska to buy Senator Ben Nelson’s support for the measure:
South Dakota Attorney General Marty Jackley is among several Republican attorneys general who are reviewing whether the Senate health bill that passed Thursday violates the U.S. Constitution.
If they think it does, the group could bring a lawsuit challenging the measure if it’s signed into law.
Jackley confirmed Thursday that he participated in a conference call with other attorneys general earlier this week to discuss the matter. At issue is the exemption that Nebraska Sen. Ben Nelson secured for his state that requires the federal government to pay Nebraska’s bill for expanded Medicaid services at the expense of taxpayers in other states.
and…
Jackley said Thursday he doesn’t think there is legal standing to challenge the issue until it’s signed into law.
“We are reviewing whether this Nebraska Compromise violates the constitutional provisions requiring equal treatment among the states,” he said. “In the event legislation with the Nebraska Compromise is signed into law, I will continue to participate in the discussions with my colleague attorney generals and make an informed decision on the role South Dakota should play in any legal challenge.”
If you enjoyed this post, please consider to leave a comment or subscribe to the feed and get future articles delivered to your feed reader.
Comments
Can Jackley run for Congress? Maybe Senate in 2014 when we throw Brendan Johnson on his butt for his dad’s disgraceful treatment of South Dakotans!
I am glad to see the state governments start to show some intestinal fortitude and stand up to this outrageous rape of our liberty.
It is the DUTY of our Attorney General to stand up for the State. South Dakota will loose big time with this latest assault. I hope our Legislature follows suit.
This Neb. Compromise would be one count of a several count lawsuit. Other issues relate to the fact that the bill is an unfunded mandate, the constituionality of the goverment requiring that its citizens purchase insurance from a private company….This bill will be one of those rare times when all three branches of our government get into action.
Notice how the liberal hacks are starting to defend this legislation less and less. They even are starting to see what total control can do. This administration is completely out of control. The left knows there day of reckoning is comming and what it took the right to do in a number of years this group of socialists did in a year.
KICK THE BUMS OUT.
Unfortunately, several constitutional scholars are saying that there is no constitutional violation. There are always earmarks, that aren’t equal to the states, in legislation. Shoot, South Dakota always brings in more federal dollars than we pay in due to farm subsidies.
I just laugh at all you people.Had Bush done a better job running the country Obama would not be president.
Go ahead and laugh. I have a feeling we will be having the last laugh come November!
Actually, had Obama not had his opponent kicked off the ballot in his very first election, had he not had the corrupt Acorn promoting him, had he not promised anything to get elected, had he not had the media in his pocket, he would not be President.
History will not be kind to Obama and his cohorts in the corrupt Congress.
Springer you had the country for 8 years , cut taxes in time of war and didn’t use the veto power one time.Hard to swallow isn’t it.
The Dems are tanking faster than even I thought. This is exactly the kind of thing that will massively backlash, in a most Flemboyant manner.
(Flemboyant = With a Feather in a Fancy Hat)
Anon 3:34, the tax cuts actually increased revenue, not that you care. The problems had to do with increased spending, of which GWB had a major role in. I agree with you GWB could have made good use of the veto, but he wanted to get along. And you see what that got him. The Congress also had a major role. Please remember during the last two years of the Bush Administration, the Democrats controlled Congress.
As for constitutionality, what about the Florida exemption? I would think there is something about equal protection under the law that would apply here. As for scholars, I believe the Heritage Foundation has done an analysis on this and has several points in which it could be challenged.
“several constitutional scholars”
Those are Progressive commies pretending to be constitutional scholars. Research FDR’s constitutional revolution of 1937 to understand why this crap is happening today. Also get a copy of Tim Carney’s Obamanomics.
Yeah, look at the obnoxious corruption – South Dakota and other states with 50% or more of counties that are “frontier” (6 or fewer per square mile), get a big increase in Medicare over other states. Oh those socialist pigs – the doctors (like Munsterman?, like Curd?) and those evil, socialist hospitals and hospital corporations . . . oh the shame . . .
http://news.yahoo.com/s/ap/us_health_care_concessions
And while we’re calling out socialist welfare queens . . . Michelle Bachman has some ’splain to do -
http://www.truthdig.com/report/item/michelle_bachman_welfare_queen_20091221/
Mr. Sibson, do you read those books? Could you share some specific insights from them that apply here, where that Sandhill moron sold his vote at all of our expense?
We wldn’t have to be messing with this if Jim Hunstad was Senator. He should have been elected instead of TJ. He can visit with the Dems.
South Dakota brings in more than it pays out in Federal taxes because of the low population compared to the miles of Federal hiways that we must maintain. (Farm subsidies pale in comparison)
What I like about Jim Hundstad is that he is not afraid to tell us where he stands on an issue even if we disagree. Tim Johnson on the other hand is not a Democrat of integrety.
SPringer makes a good and over-looked point about Obama. If you read the history books, he got ahead by a series of accidents – one of the first being getting his mentor kicked off the ballot to avoid a difficult state senate primary. I could live with that – but who would have guessed that he flunked economics – and we have to pay for it – actually our kids will.
So Obama flunked econ? No wonder he doesn’t want his transcripts released. Wonder about all the other stuff in his background that he won’t release.
Anonymous 12:10:
I personally will not forget all of the debt that was piled upon the country during the Bush Administration by his administration and Congress. In fact, that is one of the reasons Republicans fell from power. That and the “culture of corruption”. Yes my kids will pay for that. Let us also remember the the piles of debt being piled upon us right now by Obama and the Current Congress. My grandkids(God willing I someday have some) will be paying for this. And what is worse is that my grandkids will have this obamination foisted upon them and they will be unable to get rid of it.
Lee, “flunked economics”? Literally or figuratively?
I’m thinking he meant figuratively when I read it again. But Obama is flunking it right now,which is more dangerous actually than if he actually flunked a course. Maybe he relied on Economics for Dummies to get through!
This is just more proof showing why it’s liberals that are usually the people that max out every credit card they can lay their hands on and then limp by wondering why the bill is due and the money wasn’t free. Congress things they got a couple of new credit card offers in the mail. Pre-approved.
This is a good constitutional challenge, but the better one is the mandatory purchase of health insurance. That is patently illegal. Let’s just require everyone to buy electric cars too. After all, those evil gasoline engines are causing global warming, which is bad for everyone! Oh wait, I forgot, livestock is the real problem. Let’s require everyone to become Vegans to stop global warming. (please don’t look out your window, pleeeaaassseee!!!) Everyone up for that?
I would like to see all of the state senators and representatives look at passing a “recall measure” not just for senator Johnson but if a senator deliberatley chooses to oppose the will of the people in South Dakota we should have the option.
I think there is some buyers remorse in South Dakota.
At least Tim Johnson is single handidly destroying Brendan’s future in politics!
“Maybe he relied on Economics for Dummies to get through!”
Just like you rely on Common Sense for Dummies, English for Dummies and Blogging for Dummies to ‘get through’?
Right, this would *totally* be the first time the government makes you buy something from a private company. And I’ve been getting car insurance voluntarily.
This challenge doesn’t have a leg to stand on, and is just being done by Republican AGs planning to run for governor soon to put a feather in their cap. They know there’s no legal argument here, which is why they aren’t *making* one — it’s just talking points in the press, same as we’ve been seeing from the Party of NO for months now.
Bueller,
Mandatory Auto Insurance is based on the premise that one can choose not to drive. Mandatory Health Insurance conveys a Federal OBLIGATION to purchase insurance based upon the mere fact you choose to live…
There are SO MANY things wrong with the House and Senate bills and the process used to pass them, I honestly don’t see how anyone can seriously defend what’s happened to the “Healthcare Debate”, thus far.
Bueller- Are you serious? The party of no? They have offered an alternative plan its just not getting the light of day because it involves tort reform that would save about $50 Billion a year in un-necessary testing. That paty of no crap just doesnt fly. Your following this president blindly to a socialist type society. Christmas was great because even my liberal family member are angry at Johnson and this administration. Their driving your part over the cliff and all you can say is the republicans are the party of “NO”. Your toast with that line little Ferris.
The way this health care reform/insurance reform/whatever they renamed it was passed is an indictment of politics in DC. The fact that Harry Reid bragged and said this is just business as usual is a kick in the teeth to our founding fathers and the principles they founded this nation on. Come on people, we can do so much better than these clowns – kick the bums out!
This whole bill is unconstitutional. But definitely it the kickbacks are unconstitutional. If the bill passes, I wholeheartedly support the lawsuit. But it had better be brought before Obama loads the Supreme Court with his liberal judges.