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Judge H. Lee Sarokin

Judge H. Lee Sarokin

Posted: March 30, 2010 11:52 AM

37 State Attorneys General Apparently Fail to Protect Their Citizens and the Constitution

What's Your Reaction:

Thirteen attorneys general (all Republican but one) have instituted suit to challenge the constitutionality of the health care legislation recently enacted. They insist that the suits are not politically motivated, but rather are necessitated by their obligation to protect their citizens and the Constitution. By inference then, those who have failed to join must have violated or ignored their duty to their citizens and the Constitution.

The litigation and legislative proposals to repeal the legislation, supposedly in the interest of the public, if successful, will return us to the following: 40,000 people will die every year from the lack of coverage. Persons who are ill will be unable to obtain coverage. Those who become ill can lose what coverage they have. Companies can raise their rates at will. There will be virtually no competition. Medical, prescription and hospital costs will increase. Doctors' compensation will be reduced. 30 to 40 million will continue without coverage because they cannot afford it. Loss of employment, retiring or moving may mean loss of coverage. Persons despite actually having coverage frequently will be denied payment. Taxpayers will pay the costs of all those who arrive at hospitals for emergency care without insurance. Policy limits may limit the care needed. Those were the good ole days that these attorneys general want to bring back in the interest of protecting the public.

So this is how the attorneys general who have instituted suit, the Tea Party and the Republicans view aiding the public and protecting the Constitution. In all fairness, the Republicans advocate repeal and reform! I assume that means the major reforms for health care that were proposed or enacted during the recent Republican administrations including the last -- namely none.

I have no idea whether or not this legislation will actually increase or decrease health care costs and/or the deficit. Despite all of the predictions and forecasts, I doubt that anyone really knows. I do concede that a universal mandate for insurance coverage is unique and raises valid constitutional issues. The proponents of the legislation justify it on the basis that the fine is in essence a tax, which the government has the power to impose and that the commerce clause allows the government to regulate interstate commerce. No one can claim that the issues presented are settled law, and with a Supreme Court that concluded that corporations have the same free speech rights as individuals, anything can happen. However, to suggest that the legislation is so clearly unconstitutional that it mandates a legal contest is utter nonsense. The law suits are nothing but politics masquerading under the guise of principle.

In considering the consequences of "success" in such litigation, the role and duty of an attorney general requires consideration of the detriment to their citizens and not the benefits to their personal careers or the political party they represent.

 
 
 
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06:25 AM on 03/31/2010
The 13 states that are bringing the lawsuit must surely have considered the impact of their action on any attempt to take advantage of the provisions in the law that allow states to opt out of the mandate by pursuing their own state universal health care system. I wonder how they'll argue those provisions are irrelevant to the complaint. Silly lawsuits sometimes become criminal actions, especially under SLAPP suits. Am I wrong?
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Judge H. Lee Sarokin
Retired after serving 17 years on the federal cour
12:00 PM on 03/31/2010
tompoe - Unfortunately there is no chance that these attorneys general could be held civilly or criminally liable for these suits. They can claim that they had a good faith basis for bringing the suit and are probably immune as well.
10:06 PM on 03/30/2010
Judge Sarokin: enjoy your postings - they are logical and straight forward to follow. The one question I have is regarding the ability of the federal government to impose unfunded mandates on a state when the state does not the financial resources to pay for it.
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Judge H. Lee Sarokin
Retired after serving 17 years on the federal cour
12:06 PM on 03/31/2010
KenNY - Thanks. In addition to the mandate for coverage, I expect the issue you raise will be the most important and difficult for the courts. Without seeing the briefs, I wouldn't hazard a guess as to the outcome, but you certainly raise a profound issue.
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Enock Zamora
KARMA
06:00 PM on 03/30/2010
Thank you for speaking on this matter Judge H. Lee Sarokin. Your observation reminds us of a bad nightmare, where we just can't wake up out of that dream. If we just could cut out all the nonsense, we could be a better country. However, the forces to be, would lose out if we just all realized who they truely represented. The "Chamber of Commerce" is another example. Sounds like an "offical" name, but can't pass the smell test.
Judging what the ten's of thousand's of people that had a "Near Death Experience", they all say they have a "life review". When it is your turn to "visit" with God, sir, I think I see an "Ace" in your hat. Salute!
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Judge H. Lee Sarokin
Retired after serving 17 years on the federal cour
12:07 PM on 03/31/2010
Enock - Thanks---it's been a long time since anyone gave me an "A"ce!
05:10 PM on 03/30/2010
Are the AGs going to refund the taxpayer money to their citizen's when they loose?

I'm kinda hoping they win. Then the only option we have is to get taxed directly and will not need the Health Insurance industry at all.
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Fi
"We are all the sons & daughters of Chaos"
03:25 PM on 03/30/2010
Hi Judge, my only problem with these law suits, apart from they are a waste of time, and I find it quite incredible that they are seriously telling Joe Public, no you can't have the healthcare that is intended in this bill, but that they are using Tax payers money to do this with, in my eyes they are political and therefore should the RNC be the body that is funding them?
Just seems to me there may not be an awful lot of Republican Govs around after the next round of elections.
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Judge H. Lee Sarokin
Retired after serving 17 years on the federal cour
09:05 PM on 03/30/2010
Fi -They certainly are not representing the interests of those who would benefit from the legislation. Clearly others are available to institute these cases without spending valuable public moneys.
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Dave Thinkster Paulson
A concerned American moderate
02:10 PM on 03/30/2010
Is there any end to the impasse that is the political conversation in the United States? Liberals argue on principle that we need to provide medical coverage for all Americans. This is an ethical question that needs to be posed outside of the conversation of how we pay for it. I'm confident that set in such context, the vast majority will acknowledge the need. With that established, the natural procession would be to then discuss how best to make that happen. True conservatives would push for a fiscally responsible solution, and all sane people would again agree. But this isn't the way such important issues are addresses in 21st Century America.

Instead, we have the Democratic Congress pushing through legislation that answers the ethical question without paying due diligence to the fiscal impact. If you actually read the CBO report, the very report touted to "reduce the deficit," you'll see the shaky ground on which that assertion rests. And the Republican response, instead of being founded in legitimate conservative principles, amounts to little more than a continuance of the empty rhetoric and heated talking points they've found so effective in whooping up support in the far-right extreme.

America is in a heap of trouble right now, with issues on many fronts. We are in desperate need of real leadership, and we're not currently getting any from our elected officials on either side of the aisle.
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mummblemouth
04:02 PM on 03/30/2010
The only fiscally conservative position is single-payer. They are all frauds.
10:53 AM on 03/31/2010
Ok then Right Winger, get out of my bedroom! Don't cry to me about ABORTION, ABORTION, ABORTION and the whole "sanctity of life" crap that we've allowed you to shove down our throats. Where was the uproar about Activist Judges and "death panels" when Terry Schaivo needed them so that she could RIP? Bush, Cheney, Rove et. al. lied and thousands died. Where the f*ck were you?
jhNY
Mercy.
01:52 PM on 03/30/2010
Thanks, Mr. Sarokin, for a reasoned and sensible essay on this political preening by the politically ambitious who happen to misrepresent the cause of justice in their respective states. As most of the states are presently strapped for money for even the most basic of public services, it is of course shameful that any of these states' tax revenues should be wasted on these quixotic end-runs around the federal legislative process.
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Judge H. Lee Sarokin
Retired after serving 17 years on the federal cour
03:22 PM on 03/30/2010
jhNY - Thanks. I totally agree. One would expect that that there would be legal attacks upon the legislation, but for states to spend limited taxpayers moneys and time to do so under the guise of protecting them from the federal government is unfortunate. If successful, they may end up hurting many residents who would have been helped by the new law.