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Obama Signs Historic Health Care Bill – Legal Wrangling Begins

–updated below–

A jubilant moment in the White House and for the Democratic Party. As I’ve written before, just because the bill the Democrats concocted is a bad one, the moment today was never the less historic.

From the New York Times:

In political terms, Republicans face strong crosscurrents. Polls suggest that a sizable part of the nation is unenthusiastic about the bill or opposed to it. Conservatives see it as a strike at the heart of their small-government principles, helping to explain why Republicans are optimistic that they will make gains in the midterm elections in November.

“There is no downside for Republicans,” Michael Steele, the Republican National Committee chairman, said Monday in an interview. “Only for Americans.”

But at the same time, many provisions of the bill that go into effect this year — like curbs on insurance companies denying coverage for pre-existing conditions, or the expansion of prescription drug coverage for the elderly — are broadly popular with the public. The more contentious ones, including the mandate for the uninsured to obtain coverage, do not take effect for years.

And in a week when Democrats are celebrating the passage of a historic piece of legislation, Republicans find themselves again being portrayed as the party of no, associated with being on the losing side of an often acrid debate and failing to offer a persuasive alternative agenda. [...]

…and the second the ink was dried state attorneys general from thirteen states joined into a lawsuit against Obamacare. From NBC:

The ink is still drying on the health care overhaul bill signed into law Tuesday by President Barack Obama, but attorneys general from at least 14 states have filed lawsuits to challenge the legislation.

Thirteen state attorneys general — 12 Republicans and one Democrat — signed onto one lawsuit against the U.S. departments of Health and Human Services, Treasury and Labor. The top state lawyers in Florida, South Carolina, Nebraska, Texas, Michigan, Utah, Pennsylvania, Alabama, South Dakota, Louisiana, Idaho, Washington and Colorado joined in the complaint filed immediately after the president’s signing ceremony. A separate lawsuit was also filed by Virginia’s Republican attorney general Tuesday.

The issue at the heart of the lawsuit is the constitutionality of the so-called “individual mandate,” which requires most Americans to have an insurance plan or else pay a federal penalty.

“The Constitution nowhere authorizes the United States to mandate, either directly or under threat of penalty, that all citizens and legal residents have qualifying health care coverage,” the lawsuit reads. [...]

No public option was bad enough, but mandating people into an insurance monopoly system on pain of penalty, was a close second. We’ll see what happens, but the SCOTUS is still right-leaning enough that if it gets there who knows what could happen.

About Taylor Marsh

Veteran political analyst and author of "The Hillary Effect - Politics, Sexism and the Destiny of Loss," now available in print at Amazon.com, and 1 of 4 books chosen by Barnes and Noble to launch their "NOOK First" Featured Authors Selection program. Former Miss Missouri, Broadway dancer, & relationship consultant at LA Weekly, produced & wrote one woman show "Weeping for JFK."

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18 Responses to Obama Signs Historic Health Care Bill – Legal Wrangling Begins

  1. Imhotep 23 March 2010 at 12:29 pm #

    Now if we could just get Obama to end the illegal, costly and stupid wars in Iraq and Afghanistan the guy might just turn into one of my favorite people. Peaceheros

  2. Wonk the Vote 23 March 2010 at 2:05 pm #

    Brad Delong:
    The conservative DNA of ObamaCare is hardly a secret. “The Obama plan has a broad family resemblance to Mitt Romney’s Massachusetts plan,” Frum wrote. “It builds on ideas developed at the Heritage Foundation in the early 1990s that formed the basis for Republican counter-proposals to ClintonCare in 1993-1994.”

    Historic indeed that the Democrats passed a bill that builds on ideas developed at the Heritage Foundation.

    • Wonk the Vote 23 March 2010 at 2:07 pm #

      Messed up the tags, the first paragraph is from DeLong.

      This part was my comment–
      Historic indeed that the Democrats passed a bill that builds on ideas developed at the Heritage Foundation.

      • Taylor Marsh 23 March 2010 at 2:40 pm #

        Your tags were fine, but for some reason the new WP version rejects “blockquote.” Go figure. We’re working to see if we can change it.

        BRILLIANT addition to the debate, as Brad Delong usually is. Thanks.

  3. Weezie2008 23 March 2010 at 2:17 pm #

    To quote Joe: This is a big fucking deal.

    It might not be all that we wanted (no ponies!) – but it is still a big deal.

    • Wonk the Vote 23 March 2010 at 2:20 pm #

      The signing of a Republican bill would not be complete without a Vice President who drops F-bombs.

      • GaBuck 23 March 2010 at 2:25 pm #

        Imagine what kind of bill we’d have if we’d passed this bill in’93?

      • Taylor Marsh 23 March 2010 at 2:30 pm #

        I know! Hilarious, WonktheVote.

  4. Taylor Marsh 23 March 2010 at 2:37 pm #

    See update on legal wrangling, via Pete Williams.

  5. fairmindedindependant 24 March 2010 at 12:15 am #

    I like somethings to this bill and some I don’t.I hope we do not have to be put through this again. I don’t support the repeal of the healthcare bill, maybe the mandate though. I do support the states rights and to keep the federal government in check. I don’t want either party or the federal government to overstep there power. I wish the lawsuit would keep them in check and maybe the government will act better.I know that was wishful thinking. I believe this election is going to get nasty because it already is. This is going to get interesting.

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