Well, not exactly friends. More like about 1,800 people who have joined a Facebook group in the last ten hours or so to tell Rob McKenna that they want to “opt out” of his lawsuit against the health care reform package. Um, I realize Facebook hasn’t been around that long, and I’m a late adopter of new things, but I’ve never seen anything like it.
As for the possibility of a McKenna lawsuit against health care reform, several legal scholars quoted in The Seattle Times seem to think it wouldn’t fare very well. For example:
“There is no precedent whatsoever that would call this into question,” said Mark Hall, a professor of law and public health at Wake Forest University.
Hall said the Constitution’s Commerce Clause can apply broadly to allow the government to regulate health insurance and that courts have shown “a very strong presumption in favor of the validity of whatever Congress does.”
States can sue, “but I can’t imagine a scenario in which a judge would enjoin the implementation of the federal health-care bill,” said Lawrence Friedman, a professor of constitutional law at the New England School of Law in Boston.
“Federal law is supreme,” he said. “There’s really no room for doubt that federal law controls.”
And what about the argument that the health care reform package will violate the tenth amendment? Well, maybe not. From The Los Angeles Times:
States often require those who buy cars or homes to purchase insurance. But opponents of the federal healthcare bill argue that those who those purchases do so willingly, while the health insurance requirement affects all Americans regardless of choice.
But Mark Tushnet, a constitutional law expert at Harvard University, said that the central premise relied upon by the bill’s opponents—that Americans who choose not to have insurance aren’t involving themselves in the nation’s commerce—is incorrect.
“The failure to have health insurance doesn’t mean the person won’t be consuming health services,” Tushnet said. Once they receive care, he said, they have become involved in commerce and are subject to the federal government’s regulation.
Not being an attorney, I can’t really say if McKenna’s lawsuit would sink to a standard of “frivolous” required for the state bar to take action against him. But I bet there are several attorneys (or more) among McKenna’s new Facebook pals who are busily exploring such things, and who will start all over again in the morning. It sure sounds like McKenna is on thin legal ice here.
For now I’m leaving aside the repeated calls for impeachment or recall, that’s another kettle of fish, but if McKenna persists in his folly I’d imagine that’ll get explored some more too. Yeah, those tools are very hard to use in our state, but that’s how mad a lot of people are at McKenna. And then, of course, there is the Legislature and then there is Governor Chris Gregoire, who rightly blasted McKenna today.
Well it isn’t the first time that Washington state is on the wrong side of the feds. In short order it will be clear that McKenna is using Washington state resources for personal gain, and for political campaign purposes, something that he clearly is prohibited from doing as a state employee on state time with state resources.
After some reflectin I’m guessing the legislature will prohibit McKenna rom expending any of his budget on this lawsuit. Furthermore I wouldn’t be supprised to see a censure resolution as well.
McKenna is showing his true wingnut colors. He is, hopefully, killing his chance to be governor. so much for the last great white hope of the “prefers GOP” party in Washington.
Looks like McKenna will have to change the AG’s website to include representing the Tea Party and the Republican Party of No and drop “safeguarding consumers, protecting youth and protecting seniors”.
Oh and maybe he should add “protecting free enterprise by opposing health care for people with pre-existing conditions and denying coverage to those whose insurance companies decide are too expensive to pay for”.
And this guy wants to be our Governor? Forget it!
Thank God we have one sensible politician in Washington.
On the day that this mandate takes effect I’ll be dropping my insurance. Nor will I pay one damned cent in fines, assessments or other legalized theft. The bastards can throw me in jail before I give up one scintilla more of my rights to Herr Obama.
Practice now- Heil Obama- Heil Obama. Do you think he’ll come up with a new salute or will it still be the old German one?
Re 4
Idiot at 4
The government has the power to regulate commerce. It does not have the power to compel it.
Maybe Obama will reverse the black swastika on red background? You know, to make it look original? More practice- Heil Obama! Heil Obama!
@1
Exactly, and we should let Rob hang himself with his own rope.
@5 total Moron
I will be glad to throw your freeloading ass into jail, you total wimp.
Wow, someone as stoopid as you deserves to be in jail for refusing to think.
Every day you amaze me with your lack iof intelligence and now you volunteer for jail?
I think you should keep your day job collecting garbage – that is what you are most suited to. Garbage in, garbage out.
@8
And we can laugh twice as hard about it knowing that what we were pulling is an old Lee Atwater trick.
@5
Or you could take the religious opt-out option, just like you can with SSI.
Re 9
As usual your post is full of logical problems.
First, you won’t be “throwing my ass” anywhere. You don’t have the rudimentary intelligence to be in law enforcement.
Second, where exactly does the federal government have any right whatsoever to compel me to engage in commmerce? They don’t, idiot.
Re 11
Nope. This isn’t religious, except in that I take a pretty religious view of the theft of my basic rights.
Re 9
BTW, unlike a progressive, I pay my bills. Probably some of yours as well. I pay high taxes for the severe crime of doing well for myself. I pay for all the lazy and stupid who won’t work.
Further, I pay insurance for catastrophic care. Should a major medical expense come up, I’m covered. My financial planner and I determined that this made more sense than monthly premiums for a level of care my health and age don’t require.
It is this right to determine for myself the risks I take you folks would like to steal. It is the right not to have to pay for the care of the multitude of improvident who didn’t make these decisions I am defending.
@13
I’m just pointing out that there’s an “opt out.”
@3, 15
Gall bladder surgery costs….
surgeon cost $3156.00
hospital cost $11,700
hospital cost if you have to stay over night $ 22,700
Hida scan $1500.00
Or
In USA the gall bladder surgery cost comes in the range of $500 to $1200 depending on the complexity of the operation, the clinic in which the operation is done and the doctor who does it.
or
Utah Gall Bladder Removal costs – Inpatient & Outpatient (NEW Sept 2008)
Average Charges (closest you will get to costs) for outpatient laparoscopic gall bladder removal surgery in Utah were $6258 in 2006.
@14
Didn’t see this when I originally posted at @15.
I work. I pay my bills. Everyone I know works and pays their bills, both left, right and apolitical. My Republican ex-brother in law works and buys fancy tires for his SUV, stiffs my sister on child support and can’t be bothered to see his own kid more often then for 24 hours every other week. He’s just an asshole and there are plenty of those on both sides of the political fence.
Re 17
Sorry, I wasn’t talking about personal bills, which everyone pays or doesn’t regardless of political affiliation. And of course most people work, with work ethic reflecting more personallity than political affiliation.
I was talking about general approach. This says, for progressives, that I can’t decide on a low cost insurance plan, because I must broaden the pool and pay for those who aren’t able to do so. My needs aren’t important out of my income, societies’ are.
This says that I can’t enjoy the earnings I make until everyone else is housed, fed, given medical care and educated.
This says, in short “from each according to his ability to each according to his need.”
Just called McKenna’s office and got right through. I asked what kind of tea he’s been drinking. When my dog gets into something she shouldn’t, the command is “leave it” That’s the message we need to send to Mr. McKenna.
It’s 3:15 pm and the Facebook group is up to 6201 fans. Maybe Mckenna isn’t quite as intelligent as he purports himself to be. Starting his gubernatorial campaign like this will not go down as one of the best moves of his career.
“The failure to have health insurance doesn’t mean the person won’t be consuming health services,” Tushnet said. Once they receive care, he said, they have become involved in commerce and are subject to the federal government’s regulation.
So if you were born in a hospital you are “in commerce”? Anybody out there out of commerce?