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CO's AG Suthers Lawsuit Threat All About Politics

by: WeatherDem

Tue Mar 23, 2010 at 08:36:38 AM MST


I first heard about this last night and I can't say it comes as much of a surprise: CO's Attorney General John Suthers has announced he plans to join a lawsuit to prevent implementation of the health insurance legislation that passed the House Sunday night.

It's no surprise that our Con AG would join this lawsuit.  The Cons will try anything and everything to prevent even tiny adjustments around the edge of our broken health care system.  As we saw when CO was held hostage by Cons when they controlled the state legislature and Governor's mansion; as we saw when Cons controlled the U.S. legislature and White House - everything is all about politics to these extremists.  They're not interested in governing effectively.  They're only interested in maintaining control of the government so they can transfer wealth from the lower- and middle-classes to the top 2%.

WeatherDem :: CO's AG Suthers Lawsuit Threat All About Politics
AG Suthers is joining 11 other Con AGs around the country in this lawsuit.  Where is all the "bipartisanship" that the Cons are whining they never saw in the legislative process?  Can't they find any CorporateDem AGs to join this silly lawsuit?

Moreover, who's going to pay for this lawsuit?  Will Colorado be held financially accountable for part of the tab?  Aren't we trying to recover from the Great Recession still?  I thought we had to limit what was spent in this recovery.  As usual, IOKIYAR.

The Cons can try to come up with whatever rationale they want.  I'm certainly no Constitutional law expert, so I don't feel comfortable commenting on the validity of their claim that the legislation violates the 10th Amendment's commerce clause.  From what little I understand, it doesn't sound to me like the claim has merit.

Unfortunately, it doesn't matter what I think.  It matters what the courts think.  It seems to me that it matters specifically what the Supreme Court thinks.  And we all know how radicalized and activist the high court has become, thanks to the Bush Regime.  I don't feel confident at all thinking about this case in the hands of Roberts and his sycophants.

That being said, I should also point out that I think the mandate to buy private insurance without providing public insurance is one of the worst aspects of this legislation.  I wouldn't be heartbroken to see the mandate challenged, as long as people would then push their elected officials to provide a robust public option.

So what do you think?  How valid is the claim?  Who will pay for the lawsuit?  What will the ruling and effects be?

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legalities
I've read a few articles here and there about how these cases might proceed legally. Of course, we know the Roberts Court is extremely radical and willing to toss aside years of judicial rulings to accomplish their goals. Anyway, if you want some further reading on the subject:

>> Paul Starr at The American Prospect

http://www.prospect.org/cs/art...

>> Ezra Klein at the Washington Post

http://voices.washingtonpost.c...

>> Kevin Drum at Mother Jones

http://motherjones.com/kevin-d...


one more
>> Report by John Schwartz at the NYTimes.

http://www.nytimes.com/2010/03...


[ Parent ]
Thanks for the links! n/t


[ Parent ]
I agree with your piece about the mandate
I haven't been following this legislation and to hear that there was a mandate, I couldn't believe that the Dems didn't anticipate it would be challenged by GOP AGs. It could be a brilliant strategy to pin the failure of the "insurance giveaway" on these suits brought by the AGs. If so, then it's a classic example of how Dems are too smart for the public's good ie their messaging and strategy is too convoluted to be packaged for Dem benefit.  

Oh, and what I forgot to include
was yes, the mandate is ridiculous. How are you gonna force people to buy a shit-shoddy product that we can't afford?

I'll give them the benefit of the doubt for now and hope there is something more positive to it but the way Sirota has been ranting about it, I dunno.  


[ Parent ]
Messaging
Yeah, I'm not sure how Democrats expect, "You'll be forced to buy a product from a private entity" will be received positively by most Americans.

However, it could provide the incentive for actual reform in the future.  If folks don't want to be saddled with the mandate, there's a solution.


[ Parent ]
Ritter's Response
Link to his press release

GOV. RITTER CRITICIZES ATTORNEY GENERAL'S BID TO BLOCK REFORM

Gov. Bill Ritter today criticized Attorney General John Suthers' decision to join a lawsuit that seeks to block national healthcare reform, saying that Suthers' action is not the right thing to do for Colorado.

"I am confident the reforms poised to become law in Washington will complement and support Colorado's efforts, that they are within Congress's power to regulate commerce, and that they are constitutionally sound."


I wonder what
Hickenlooper thinks.

[ Parent ]
As do I
Bueller? Bueller?

And where is Norton? and Buck? and Wiens? and McInnis?  


[ Parent ]
Indeed
Let's get some folks on the record!  Their soundbites will be chewy.

[ Parent ]
That's a Start, Let's Hope There Is More Leadership from Gov Ritter and Our State Legislature
Here is Washington Governor Gregorie replying to her con AG, Republican Attorney General Rob McKenna's clearly political move.    Some of her comments may be appropirate here:  Can our Attorney General spend state funds joining a lawsuit on behalf of the people of Florida? Does General Suther's action represent the government or people of Colorado?   She is filing a legal brief opposing her AG's position.  Here is her interview


[ Parent ]
So glad you posted this.
I was going to if no one else had.  Gov. Ritter should take a page from Gov. Gregoire's book.  She, the Majority Leader and the Speaker are suing the AG in Washington.

This suit proves that Republicans are dangerous in any position.  I wouldn't elect one as dogcatcher.


[ Parent ]
The utterly frivilous complaint
jointed by 11 other Republican AGs and one Democrat can be found here.  The suit is pending in Florida which is the state where the Republican AG originated the suit.  

One more thing
How much are "we the people" paying for this frivolous lawsuit?  I think the AG should reveal the time and money wasted on this.

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