Sebelius: Health Care Lawsuits Being Pursued For GOP Career Advancement

Health and Human Services Secretary Kathleen Sebelius accused Republican state attorneys general on Tuesday of launching health-care-related lawsuits as a means of advancing their own political careers.

In a speech before the National Press Club, Sebelius insisted that the health care bill passed by Congress two weeks ago stands on "solid constitutional ground" despite challenges that its individual mandate violates legal restraints on the federal government. Those challenges, the HHS Secretary added, are just thinly-veiled efforts to gain political traction.

"I think that the vast majority of lawsuits have been filed by Attorneys General in states where they have also some interest in higher office," said Sebelius, in what is one of the more direct pushbacks against the lawsuits to date. "I'm going to let the lawyers go debate the situation. [But] we are confident that the legal standing of the law is solid and that this has more to do with politics than policy."

As it stands now, 14 state attorneys general have announced that they will sue the federal government over health care legislation. Thirteen of them are Republicans and the one Democrat of the bunch -- Louisiana Attorney General Buddy Caldwell -- is reported to have been pressed into action by the state's governor, Republican Bobby Jindal.

Democratic attorneys general, by contrast, have essentially scoffed at the efforts -- calling them a waste of taxpayer money and time that are undoubtedly doomed for failure.

"Most constitutional scholars looking at this issue say it is absolutely clear that these lawsuits will not be successful," Kentucky AG Jack Conway told the Huffington Post last week. "While it may make for good Tea Party politics for [Republican Senatorial candidate] Rand Paul and Sarah Palin, it makes for really lousy lawsuits. And I'm not going to waste the taxpayer resources of the people of Kentucky on political stunts."

Just how partisan has the issue of health-care-related lawsuits become? On Monday, Minnesota Attorney General Lori Swanson (a Democrat) dismissed pleas from the state's Republican leadership (notably Gov. Tim Pawlenty) to pursue a lawsuit against the bill, insisting the legislation is on firm legal ground. In response, the governor's office pledged to pursue a lawsuit regardless.

"We appreciate Attorney General Swanson considering this matter and her recognition of the Governor's ability to participate in this litigation in his capacity as governor," read a statement from Pawlenty's Deputy Chief of Staff Brian McClung. "Governor Pawlenty believes the federal government is overreaching by subjecting citizens to a fine if they do not comply with a mandate to buy a good or service. Governor Pawlenty intends to participate in this litigation."

Comments

[angryangel]

05:58 AM on 04/09/2010

Fellow liberals-progressives: Via SCOTUS, corporations now have essentially unlimited power to buy even more of the federal government. Question: What in the US Constitution keeps government from mandating that we buy from corporations buying government? Answer: Nothing. This mandate is subterfuge - it's cloaked in the VERY broad constitutional power to tax or regulate interstate commerce. Because this power is so very broad, it gives bought-by-corporations government essentially unlimited power to mandate buying what these corporations sell. Government mandating that we buy from corporations buying government? Wow! What a country! -------- A state "opt out" clause makes an unconstitutional law less unconstitutional? Future government dominated by religious conservatives - modern Republicans - can now use such power to further their agenda, like outlawing women crossing state lines to get abortions or mandating buying explicit context filters for computers and TVs (to save America's children) by including a state "opt out" clause? -------- To all who think this mandate OK or this state "opt out" clause makes it OK: Beware of what you wish for - you just might get it. A future Bush or Cheney (or Palin?) with virtually unlimited constitutional power to tax or regulate interstate commerce now can mandate that we buy whatever his or her corporate buddies sell? -------- There is NO end to this VERY dangerous slippery slope. This mandate violates our rights, at least one of which must be implicitly covered by the 9th Amendment. Where are the true civil libertarians?

[angryangel]

07:12 PM on 04/09/2010

In trying to stay under the word count limit, I wrote something in my 05:58 AM on 4/09/2010 message that can cause the message to convey a very different meaning than what I intended. Please replace "Question: What in the US Constitution keeps government from mandating that we buy from corporations buying government? " with "Question: If this mandate is upheld, then what in the US Constitution keeps government from mandating that we buy other things from corporations buying government?"

[Pandaforum]

12:50 PM on 04/08/2010

the dem ags who oppose filing suits are also running for offices. two of them are running for senator.

[marijam]

05:28 AM on 04/08/2010

A complete and utter waste of taxpayer money and they know it, or they should. If they don't, why would we want to keep such stupid people in office?

[342HP]

07:34 PM on 04/07/2010

I guess I should thank Sebelius for stating the obvious, shouldn't i?

[lessgov1]

02:43 PM on 04/07/2010

Everything in this bill is designed around the next two midterms and next presidential election giving the President 8 years to advance a radical progressive agenda. Insurance mandates this year will force rate hikes which will play politically for the progressives. Just wait until open enrollments this December and next. Its all about forcing insurance rates up to gin up support for single payer which will lead to total government control and an ever continuing loss of liberty!

[actuallyreadit]

02:56 PM on 04/07/2010

stop the lies

[zigsocks]

03:13 PM on 04/07/2010

Please stop drinking the Rethuglican Kool-Aid. It's not healthy.

[davecarlson]

01:10 PM on 04/07/2010

Obama is arrogantly challenging the American People. When Bush was asked what he regretted most what he did while in office, he said he regretted that he taunted the Taliban with his "Bring it on" statement.

Now we see Obama taunting the American people that may challenge his ObamaCare and saying, "GO FOR IT". Well guess what concerned Americans are saying, yes I will "GO FOR IT". I will challenge this monstrosity of Frankenstein Legislation that is being forced on me against my will.

That challenge will come in the form of Americans hearing the call of their responsibility, they will consider it their responsibility to resist a "BAD HR LAW", not just a right as Thomas Jefferson says.
They will "GO FOR IT", and the polls prove it.

54% of Americans want the Bad Law Repealed
http://www.rasmussenreports.com/public_content/politics/current_events/healthcare/march_2010/health_care_law

The most accurate pollsters show Repubs lead Dems by a lot, and the Dems will lose in Nov 2010
http://www.rasmussenreports.com/public_content/politics/mood_of_america/generic_congressional_ballot

More voters identify with Tea Party than Obama and his radical, fringe, socialist, democrat group
http://www.rasmussenreports.com/public_content/politics/general_politics/april_2010/tea_party_48_obama_44

Half of voters blame Obama for the Economy problems
http://www.cbsnews.com/8301-503544_162-20001588-503544.html

[actuallyreadit]

01:35 PM on 04/07/2010

On the CBS news link you posted it reads
"As many as 26 percent of Americans say President Obama deserves a "great deal" of blame for the nation's economic problems, a new USA Today/ Gallup poll finds."

and also says

"A significant percent of Americans, 42 percent, still pin a "great deal" of blame for the poor economy on former President George W. Bush. That figure has remained steady since last summer, when 43 percent blamed Mr. Bush. "

Are you actually reading your links or just google searching and putting up random thoughts?

Thanks for pointing out that majority of the blame for the economic crisis from Gallup poll figures still goes to George W. Bush.

[taddles]

01:39 PM on 04/07/2010

Too bad you lost, with all that "support" you should have won this easily.

[davecarlson]

12:48 PM on 04/07/2010

N8tracks says this:
You lie, there ARE NOT as many views against, just the fringe right.

I simply provided proof that the majority of Americans are opposed to this legislation.
Do have a problem with truth?

More voters identify with Tea Party than Obama and his radical, fringe, socialist, democrat group
http://www.rasmussenreports.com/public_content/politics/general_politics/april_2010/tea_party_48_obama_44

[davecarlson]

12:46 PM on 04/07/2010

Michael Shatz say that Historically, the Tenth Amendment has only been used when the law in question required the State to enforce federal mandates. I don't really need to prove anything to you. We will just wait and see what happens.

I say UR right, you don't have to prove anthing to me or anyone else for that matter. I did not ask you to prove anyhing, simply support your statement with some reference that you were unwilling to provide. So that simply means that your statements will not be regarded as significant....

[blimie]

12:41 PM on 04/07/2010

i'm glad people are willing to bring lawsuits against this. this was jammed down people's throats.

[davecarlson]

12:50 PM on 04/07/2010

UR right blimie, the American people are being driven over the cliff on this one.....

[Joseph Bethea]

01:39 PM on 04/07/2010

like the patriot act was crammed down our throats, like two wars were crammed down our throats like no bid government contracts being crammed down our throats to go to bush and channy buddies medicare part d crammed down out throats and by the way none were paid for by the party of no

[CTtransplant]

04:10 PM on 04/07/2010

When a majority want it, it is in NO way being 'jammed down people's throats'...it's only those who lost...the minority...who are saying that!

[davecarlson]

11:44 AM on 04/07/2010

timtheenchanted says "taxing and spending the country into oblivion if "oblivion" has access to health care for all its citizens, then it would be a nice place.

And I say that a 6000 person Health Care Militia and 16,500 more IRS Agents is not my idea of a nice place.......

[lwfky]

11:53 AM on 04/07/2010

If only Republicans could read. While there is a mandate, the law says that the IRS cannot go after anyone who doesn't get insurance to collect any penalties, so, in truth there is NO MANDATE and the IRS won't be hiring any new agents because they WON'T BE NEEDING THEM! Try getting your news from someplace other than FOX.

[davecarlson]

12:20 PM on 04/07/2010

The HR Law does call for a 6000 strong miliitia and I have a copy of the HR Law, it is available for download. It also includes the 16,500 IRS Agents, This document did not come from FOX news but the Fed Government site Yes I can read, but apparently you chose not to read it....

You would really like to deny that this HR Law takes away our freedoms and that it is not constitutional. You believe like Pelosi, that is should be voted into law and the American people will learn to like it. They should vote it into law so they can understand what's in it....

What kind of American Legislative process is that?

So you don't like any news from anybody with a different viewpoint?

You may download the bill here to read for yourself, that is if you read what the Dems passed
http://www.micronet.tv/americans-unhappy-about-health-care.htm

[actuallyreadit]

01:40 PM on 04/07/2010

I assume you're talking about Section 5210 "Establishing a Ready Reserve Corps" that begins on page 1336 of the Senate bill and comes under the larger heading of "Subtitle C: Increasing the Supply of the Health Care Workforce".

The actual wording of the section on the Ready Reserve Corps is for establishing emergency help should something like another national disaster occurring (ie Katrina) or to send medical help to areas that have emergency need for it, but no resources.

You can read it for yourself: http://democrats.senate.gov/reform/patient-protection-affordable-care-act.pdf

Pages 1336-1339

There's no militia and they are not armed, this is a medical corps for the purposes of helping out our citizens in the event of an unplanned crisis. They will work with the military (ie National Guard who also gets dispatched to disaster areas as well), but they are not a police force of any sort.

There's your real facts.
Stop the lies.

[actuallyreadit]

01:41 PM on 04/07/2010

Apologies for the repost everyone.

[Michael Shatz]

09:53 PM on 04/07/2010

You see, Dave, that link actuallyreadit posted, that is a credible source from the government. Notice the .gov ending. Micronet.tv is not the federal government, they are just some crackpot conservative rag that you obviously get all your "facts" from. Then you come on here and tell the rest of us to do better research... What a joke...

[davecarlson]

11:42 AM on 04/07/2010

PaganMist tells me I am involved.
PaganMist says Health is a gamble. You could be hit by a car today, and without insurance, the cost of your treatment could not only bankrupt you but cost the rest of us money, too.
We are all already paying $1100 a year in taxes just to cover people who are uninsured.


And I say there U go again making statements that are not supported. How is anyone paying $1100 a year in taxes for the uninsured? Where is the reference to support that?

[TenBagger]

01:24 PM on 04/07/2010

PaganMist probably meant to say that for those fortunate enough to still have a family health insurance plan, ~$1100 of their annual premium is actually subsidizing the cost of providing health care to the uninsured. . That analysis has been covered in various forums including:

http://www.politifact.com/truth-o-meter/statements/2009/aug/28/barbara-boxer/boxer-claims-it-costs-1100-person-cover-uninsured/

http://www.americanprogressaction.org/issues/2009/03/cost_shift.html

[davecarlson]

01:32 PM on 04/07/2010

I'm glad UR now speaking for Paganmist and I cantell U and him that is "cooking the books", their documentation has been proven not to be accurate but based on false premise. U should get UR news somewhere besides the "left ditch".....

http://micronet.tv/democrats-cook-the-books.htm

Matter of fact I refuted what Ameican Progress reported as false.......

[Michael Shatz]

10:53 AM on 04/07/2010

I think it is fairly obvious that this bill is on solid legal ground. Of course, all of these foolish Republicans who think they are Constitutional law experts disagree. They completely miss the point of this article. They just cannot see that these politically ambitious attorneys are using irrational fear to further their own careers. The fact of the matter is that we passed health care reform, and all the time these Republicans spend fighting it is just time we could have spent on job creation, financial reform and education reform.

When these politically motivated lawsuits are thrown out or dropped these same people will claim that this is evidence of radical judges rather than the obvious truth. There really is nothing that can be done to reach out to this ignorant segment of the right wing. No matter what happens, they will always think they are right. Such is the nature of people who barely graduated high school.

[davecarlson]

11:22 AM on 04/07/2010

Unfortunately there are as many views against what you consider obvious. Calling the opponents of the HR Law ignorant does not make them so. You call it politically motivated, opponents call the HR Law politically motivated, so who is right Michael ?

Yes in fact the Courts will decide, and there are many legal scholars that will agree that the HR Law is not constitutional and it is not frivolous. You do not provide any facts or references, so I guess we should all believe what you say ? Perhaps you can read what the scholars are saying and then make your point.

Please read my references and pages, then perhaps you may tell us how you know they are frivolous and without merit. http://micronet.tv - simply click on Health Care

[N8tracks]

11:50 AM on 04/07/2010

You lie, there ARE NOT as many views against, just the fringe right.

[Michael Shatz]

11:50 AM on 04/07/2010

Historically, the Tenth Amendment has only been used when the law in question required the State to enforce federal mandates. I don't really need to prove anything to you. We will just wait and see what happens.

[Patriotallday]

10:38 AM on 04/07/2010

-----Insurance companies are being flooded by callers wanting to know how to get their FREE Obamacare.............................................................................................................................................

http://www.mcclatchydc.com/2010/04/06/91696/health-care-overhaul-spawns-mass.html

[N8tracks]

11:50 AM on 04/07/2010

They must all be republidummys.

[davecarlson]

12:52 PM on 04/07/2010

Insults against the person? Is that what U think will solve the problem?

Become a Fan of Dr Jack Cassell on Facebook who has won the hearts of Florida residents !
http://micronet.tv - simply click on health care
Champion of resistance to a "bad law"
Thomas Jefferson said, "Resistance to an unconstitutional law is not a right, It's a responsibility ! "

[karela]

10:26 AM on 04/07/2010

Fine. We won't insist that anyone buy private insurance. We'll just add the deduction to the pay stub like social security and medicare and make it medicare for all. That would really save a LOT of health care dollars and all these poor republican governors and AG's won't have to worry about the constitutionality of the current bill. Medicare for all sounds better to me anyway.

[davecarlson]

11:02 AM on 04/07/2010

We can not wave a wand and make that happen. A concensus must be reached among the people that is constitutional that will reach "the least among us". That will not be possible by attacks on the persona of people with different views.

Legislators must stick to the facts, not "cook the books" with unrealistic numbers. The American people must be behind it. Right now they believe it is not a priority, but the economy, "it's the economy", with people out of work and Legislation that is unfriendly to Small Business, they want change and they want it now......

They do not want unfulfilled promises of the Obama Administration. They want the economy turned around and away from being driven off a cliff......

see http://micronet.tv - click on health care

[Michael Shatz]

11:54 AM on 04/07/2010

And by the way, if you think that micronet.tv site is a credible source of information you are sadly mistaken. Credible sources of information do not call the health care reform bill "sinister" in big block letters. Credible sources give you facts and then let you decide for yourself. I get my information from the Constitution and a history of Constitutional decisions from the Supreme Court.

[lonewolfgoingaooo]

10:25 AM on 04/07/2010

Ms Sebelius, if your forced insurance purchase plan was so popular how would anyone be able to advance their careers opposing it?

[N8tracks]

11:52 AM on 04/07/2010

Because 46% of the country is retarded.