KPLU Local News
Legal Experts Disagree On Health Overhaul Lawsuit's Chances
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In all, 13 states sued the federal government claiming the landmark health care overhaul is unconstitutional. Those attorneys general argue the feds don't have the power to require everyone to buy health insurance. They also claim expanded Medicaid coverage for the poor places an impossible burden on cash-strapped state budgets. University of Washington law school professor Sallie Sanford says the courts lately have granted the federal government wide latitude to regulate commerce. She's dubious about the challengers' chances.
Sallie Sanford: "They've got a tough row to hoe to get the individual mandate overturned. It goes contrary to many decades of supreme court jurisprudence. They're really arguing for a shift in how the court looks at (the Commerce) clause. So it would be highly unlikely."
Idaho Attorney General Lawrence Wasden disagrees, but declined to make any bold predictions of his own. Wasden does say the legal questions are big enough to go all the way to the U.S. Supreme Court.
The specific health insurance provisions under challenge don't take effect until 2014, so the courts have time to work through this case. I'm Tom Banse in Olympia. © Copyright 2012, N3
(2010-03-24)
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OLYMPIA, WA
(N3) -
Some legal experts are skeptical about the chances of a multi-state lawsuit challenging the health care overhaul. The Republican attorneys general of Washington and Idaho signed on to the lawsuit filed in Florida yesterday. KPLU's Tom Banse reports.null
Full story
In all, 13 states sued the federal government claiming the landmark health care overhaul is unconstitutional. Those attorneys general argue the feds don't have the power to require everyone to buy health insurance. They also claim expanded Medicaid coverage for the poor places an impossible burden on cash-strapped state budgets. University of Washington law school professor Sallie Sanford says the courts lately have granted the federal government wide latitude to regulate commerce. She's dubious about the challengers' chances.
Sallie Sanford: "They've got a tough row to hoe to get the individual mandate overturned. It goes contrary to many decades of supreme court jurisprudence. They're really arguing for a shift in how the court looks at (the Commerce) clause. So it would be highly unlikely."
Idaho Attorney General Lawrence Wasden disagrees, but declined to make any bold predictions of his own. Wasden does say the legal questions are big enough to go all the way to the U.S. Supreme Court.
The specific health insurance provisions under challenge don't take effect until 2014, so the courts have time to work through this case. I'm Tom Banse in Olympia. © Copyright 2012, N3
