March 23, 2010
General McKenna vs Obamcare

Washington Attorney General Rob McKenna is a leader among various state attorneys general suing to declare the new insurance mandate in Obamacare unconstitutional. The challenge is based on their understanding of the 10th Amendment and the Commerce Clause of the U.S. Constitution. The plaintiffs contend that the Federal Government does not have the constitutional authority to force citizens to purchase a private product i.e. health insurance. Unlike Social Security and Medicare, where the Federal Government imposes taxes for the purpose of providing a specific service, the new health care law requires private citizens to purchase health insurance from private companies or face a fine.

The suit raises serious constitutional questions and also provides McKenna with a potentially popular campaign issue for the 2012 governor's race. But even a threat of a favorable court ruling may result in an unintended consequence worse than the current law. If the Obama,/Pelosi/Reid Axis of Arrogance fears the loss of a key Obamacare obligation in the courts, they may use it as an excuse to extend Medicare to all. At least until January 2011, the Democrats will have large enough majorities in the House and Senate to force through such a change. Assuming Republicans win control of the House in the 2010 election, Democrats will have nothing to lose by further ticking off the public. Congressman Jim McDermott will be ecstatic; finally single payer health care. Can you sing "O Canada"?

Cross Posted on clear fog blog

Posted by warrenpeterson at March 23, 2010 07:54 PM | Email This
Comments
1. they may use it as an excuse to extend Medicare to all... Congressman Jim McDermott will be ecstatic; finally single payer health care. Can you sing "O Canada"?

Sure, blame it on having a national anthem which a normal voice can actually sing. :-)

Seriously, you're afraid of us being like Canada? Do you really think that's going to scare any non-teabagger? (And, since they already cower in a permanent state of abject terror, why even bother?)

Posted by: tensor on March 23, 2010 08:35 PM
2. McKenna understands what most liberals don't. The US Constitution still matters. I applaud his actions even though it is more likely to harm his chances in this state(i.e. "the blue bubble of ignorance")rather than help them if his goal is to reach the Governership. Unlike the cowardice being shown in our current leadership in this country and state, McKenna is a principled man. Let's hope this state sees more of this type of political animal in the future.

As an aside:
If Ms. Gregoire has a problem with the decision of the currently elected AG of Washington state, may I suggest she step down from her current position (which she's failing miserably at) and run for the office? Otherwise, STFU.

Posted by: Rick D. on March 23, 2010 09:17 PM
3. I hardly think that Obama, Pelosi and Reid will try to extend Medicare to all. The Backlash that is building against them for forcing Obama Death Care upon the People will be so evident and strong that it will take all their energies just, to defend their enactment and the Democrat Party as a whole. They certainly would not want to energize and compound further Wrath upon themselves. But...maybe I'm wrong...They are Liberals.

Posted by: Daniel on March 23, 2010 09:22 PM
4. McKenna is done, huge mistake.

Posted by: S on March 23, 2010 09:29 PM
5. It's never a mistake to adhere to the rule of law & follow the Constitution. I called the AG office today & said "Thank AG McKenna for me for standing up for state sovereignty and the 10th Amendment". It's never a mistake to do the right thing!

Posted by: Susu on March 23, 2010 09:44 PM
6. If Ms. Gregoire has a problem with the decision of the currently elected AG of Washington state, may I suggest she step down from her current position (which she's failing miserably at) and run for the office? Otherwise, STFU.

Yeah, it's not like she has any experience in the AG's job or anything. Why, she's never successfully prosecuted a lawsuit there!!1!

(Still lacking the character/stones to admit she's Governor of Washington State, eh?)

It's never a mistake to adhere to the rule of law & follow the Constitution.

Yeah, we should never have allowed the President to claim executive power to declare American citizens to be "enemy combatants" -- oh, wait...

Posted by: tensor on March 23, 2010 09:56 PM
7. I think it's great of him, but I doubt he has any standing to sue on the individual mandate ground, at least not for a few years until that part takes effect. If our state had a law that forbade people from being forced to buy health insurance, then he might have standing, but try getting that one through our legislature.

Posted by: Doug on March 23, 2010 09:59 PM
8. Yeah, it's not like she has any experience in the AG's job or anything.

So what? She keeps saying she disagrees with McKenna's legal reasoning, but she doesn't cite one precedent to refute his reasoning (feel free to correct me if I'm wrong). Why? Because there is none. She, like most liberals, make an emotional argument rather than a legal one.

Posted by: Rick D. on March 23, 2010 10:16 PM
9. Tensor, I actually agree with you about the enemy combatant thing...I think a lot of other conservatives do too. I strongly support the letter of the constitution and defend it against all usurper and tyrants, regardless of their political association.

I like how McKenna comes off as principled and Gregoire looks like a partisan hack trying to pollish the D after her name.

Posted by: Blindman on March 23, 2010 10:34 PM
10. Start calling it Obortiocare.

Posted by: Matt M on March 23, 2010 10:54 PM
11. Marxists luv to hold-up Canada as a healthcare model. It has such a great system that the premier of Newfoundland declined to use the Canadian system and travelled to the U.S.A. for his heart surgery.
Hmmmmm.
What does that say about the Canadian model?
What does that say about socialist/ liberal convictions?

The Dems in the U.S. congress specifically exempted themselves from the healthcare "reform" being imposed on all the rest of us.
What does that say about A) the quality of "people" in general who call themselves democrats, and B) the quality of the healthcare "reform" they have imposed on the rest of us?
Expect to hear liberal lickspittle spin and sputter over the next seven months trying to claim what a wonderful thing they have done to us in obamacare.

Thank the newport-sucking POS in the whitehouse. Thank Patty Murray. Thank Brian Baird (what a profile in courage he is). Thank every local and state aparatchik down the line with a "D" after their name (from Gregoire to Judy Clibborn) who march in lock-step toward bankrupting this country, destroying our standard of living and handing a 10 trillion dollar debt to our children and grandchildren.
I've been to communist Hungary. I know what a socialist ("workers utopia") command economy looks like. What democrats are all about is the equalization of misery.
Ah, but liberals FEEL so much better about themselves now.

Posted by: Attila on March 24, 2010 09:18 AM
12. There's no way the case will advance until the mandate is actually in effect. What standing does McKenna have to sue against a provision not even in effect? What damages are occurring? What tortable offense?

Posted by: John Jensen on March 24, 2010 04:25 PM
13. There's no way the case will advance until the mandate is actually in effect. What standing does McKenna have to sue against a provision not even in effect? What damages are occurring? What tortable offense?

Posted by: John Jensen on March 24, 2010 04:27 PM
14. There's no way the case will advance until the mandate is actually in effect. What standing does McKenna have to sue against a provision not even in effect? What damages are occurring? What tortable offense?

Posted by: John Jensen on March 24, 2010 04:30 PM
15.
Seriously, you're afraid of us being like Canada? Do you really think that's going to scare any non-teabagger? (And, since they already cower in a permanent state of abject terror, why even bother?)

I am sure Warren is concerned for the Canadian citizens who now will have nowhere else to go for timely quality medical care. Because morons unable to understand the past failures of socialism want to condemn the USA to relive it.

Posted by: iconoclast on March 25, 2010 03:14 PM
16. I am sure Warren is concerned for the Canadian citizens who now will have nowhere else to go for timely quality medical care.

Oh, please, American women went to Europe for abortions, when they were illegal here. (As rich American women will do again, if they must.) I'm sure those anecdotal Canadians - all five of them - can go to Europe if they please.

Posted by: tensor on March 25, 2010 11:20 PM
17. What a great resource!

Posted by: pharmacy tech on March 27, 2010 04:39 PM
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