LePage: 35 States Join Obamacare Suit, Law Dies

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Editor
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LePage: 35 States Join Obamacare Suit, Law Dies

NOTE: This item's also posted for discussion on page 5 of this ongoing thread here.

http://www.kjonline.com
IN TRANSITION
Posted: December 5
Mr. LePage goes to Washington
Governor tones it down a bit, but vows to be aggressive advocate for Maine

By Rebekah Metzler rmetzler@mainetoday.com
MaineToday Media State House Writer

The governor-elect said his major concerns are overreaching policies...and how much, and in what way, the federal government distributes funds.

"I am going to be sitting with our attorney general and ask him to join the [Obamacare] lawsuit against the federal government," he said, adding he just learned that if 35 states join the suit, the law "dies, automatically." Twenty states so far have joined the suit, filed in federal court in Florida....

http://www.kjonline.com/news/mr_-lepage-goes-to-washington_2010-12-04.html

threeifbywire
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Joined: 02/27/2003 - 1:01am
...if 35 states join the

...if 35 states join the suit, the law "dies, automatically."

Can someone here please explain the Constitutional mechanism that allows this?

Editor
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Joined: 04/18/2009 - 3:43pm
Editor's Note: I'm working to

Editor's Note: I'm working to get clarification on Gov Elect LePage's comments. There is a 10th Amendment state nullification movement afoot. I'm not saying this is what LePage is talking about. It is, I suppose, a possibility. I will let you know when I find out. If someone can find out ahead of me - I welcome that.

http://www.washingtonmonthly.com
Political Animal
by Steve Benen
December 5, 2010

This week, LePage explained his belief that state nullification laws already exist.

To clarify for anyone who might be confused, there is no such legal provision that kills federal laws based on the number of states that join a lawsuit. That doesn't make sense, it's probably the kind of detail a C student in a high school government class wouldn't screw up.

http://www.washingtonmonthly.com/archives/individual/2010_12/026935.php

threeifbywire
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Joined: 02/27/2003 - 1:01am
Nothing, huh? I couldn't

Nothing, huh? I couldn't find it in my pocket Constitution either.

Failing that, does anyone know where the Governor-elect is getting this sort of information? Seems it would be subject of interest to Constitutional fundamentalists.

[Edited to add]

Not true, according to outgoing Attorney General Janet Mills.

"That's not the law," she said. "A congressional act does not get voided or overturned simply because a certain number of state officials join some lawsuit. I don't know what he's talking about."

Reached Sunday evening, Demeritt said LePage was speaking about a long-shot Repeal Amendment proposed last week by U.S. Rep. Rob Bishop, R-Utah, and that LePage understands that it is not current law.

Source: Incoming AG weighs fight over health reform

Old Dame Fortune
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Joined: 09/30/2010 - 9:08pm
"...LePage was speaking about

"...LePage was speaking about a long-shot Repeal Amendment proposed last week by U.S. Rep. Rob Bishop, R-Utah, and that LePage understands that it is not current law."

Can someone put this in English please? I dont understand what he means.

threeifbywire
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Joined: 02/27/2003 - 1:01am
Sure. Here it is in plain

Sure. Here it is in plain English:

"It has since been explained to the Governor-elect that he misunderstood this as a legal avenue."

Roger Ek
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Joined: 11/18/2002 - 1:01am
It takes 2/3 of the states to

It takes 2/3 of the states to ratify an amendment. For example it took 2/3 of the states to begin prohibition and 2/3 to end it. If we have 2/3 of the states opposed to Obamacare it stands to reason we could get those same states to overturn it. This thinking ignores such anomalies as the Dirigirls.

Stavros Mendros
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Joined: 10/23/1999 - 12:01am
I thought the same thing

I thought the same thing Roger, but that would only take 34 states.

Editor
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Joined: 04/18/2009 - 3:43pm
Editor's Note: Here's the

Editor's Note: Here's the full response from Gov-Elect LePage's Communications Director:

From: "Dan Demeritt"
Subject: LePage Quotes about Federal Lawsuit
Date: Mon, 6 Dec 2010

Background: Maine Today ran a story yesterday about the Gov.-Elect’s trip to Washington that talks about states having the ability to overturn a federal law.

I talked to both the Governor-Elect last night and the Maine Today reporter this morning and I think the point the Governor-Elect was making got lost a bit in the translation. A clarification was included in part of a story in today’s Maine Today story on incoming AG Bill Schneider.

I’ve been seeing blogs and comments on the subject this morning. I’m not inviting a press story, but wanted to provide further clarification if you end up running with something.

“Governor-Elect LePage spoke with a reporter last week in Washington about asking Maine’s newly elected Attorney General Bill Schneider to join the states legally challenging President Barack Obama’s new health care law. The Governor-Elect believes that if enough states oppose the measure it will have the effect of killing it politically. His intent was to discuss the concept of broad-based political opposition rather than a non-existent statutory or constitutional trigger.

The new information the Governor-Elect was referring to was the November 30th introduction of a Repeal Amendment to the United States Constitution. Representative Rob Bishop of Utah has proposed an amendment that would give two-thirds of the states the ability to directly repeal a federal law.”

http://robbishop.house.gov/UploadedFiles/constitutional_amendment.pdf

threeifbywire
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Joined: 02/27/2003 - 1:01am
Even if he's not inviting a

Even if he's not inviting a press story, Dan Demeritt is clearly worth every penny of his transitional salary.

So is the Governor-elect suggesting that he thinks the old Constitution needs a little progressive improvement?

Roger Ek
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Joined: 11/18/2002 - 1:01am
Nope, just a little airing

Nope, just a little airing out of the 10th Amendment. It has been neglected for a while.

Michelle Anderson
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Joined: 11/03/2003 - 1:01am
The 10th Amendment doesn't

The 10th Amendment doesn't need 35 states to assert. It needs only one. That's the point of the amendment.

I imagine that the 35 -- or 34 -- states comment was something someone told him on his trip, and he believed. That's definitely forgivable.

The explanation sounds like excuses. None are really necessary, IMHO.

The 35 state thing could conceivably come into the equation if Congress repeals ObamaCare and Obama vetoes it, Congress can override that veto with a 2/3 vote. And I hope they do.

Naran
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Joined: 10/06/2004 - 12:01am
Judge in Va. strikes down

Judge in Va. strikes down federal health care law

By Larry O'Dell
Associated Press
December 13, 2010 1:14 PM

RICHMOND, Va. (AP) — A federal judge declared a key provision of the Obama administration's health care law unconstitutional ..., siding with Virginia's attorney general in a dispute that both sides agree will ultimately be decided by the U.S. Supreme Court.

...snip
Hudson rejected the government's argument that it has the power under the Constitution to require individuals to buy health insurance, a provision that was set to take effect in 2014.

[url=http://www.seacoastonline.com/articles/20101213-NEWS-101219939]Source[/url]

pmrmsm
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Joined: 05/08/2006 - 10:52am
GOP invokes 1700s doctrine in

GOP invokes 1700s doctrine in health care fight
Republican lawmakers in nearly a dozen states are reaching into the dusty annals of American history to fight President Obama's health care overhaul.
They are introducing measures that hinge on "nullification," Thomas Jefferson's late 18th-century doctrine that purported to give states the ultimate say in constitutional matters.
GOP lawmakers introduced such a measure today in the Idaho House, and Maine, Alabama, Kansas, Missouri, Montana, Oregon, Nebraska, Texas and Wyoming are also talking about the idea.

PPH

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