Baker & Hostetler Joins with 13 AGs to Fight Health Care Reform
Health care reform legislation finally won congressional approval Monday and was signed into law today by President Barack Obama. But opponents are already gearing up for what is expected to be an extended court battle against the new law.
Among those leading the charge are David Rivkin Jr. and Lee Casey of the Washington, D.C., office of Baker & Hostetler, who will be working with at least some of the 13 state attorneys general who are uniting in opposition to the Patient Protection and Affordable Care Act, according to the Blog of Legal Times and the National Law Journal.
The attorneys general, who are from Alabama, Colorado, Florida, Idaho, Louisiana, Michigan, Nebraska, Pennsylvania, South Carolina, South Dakota, Texas, Utah and Washington state, have filed a federal lawsuit challenging the constitutionality of the new health care law. The BLT provides a link to the lawsuit (PDF), which was filed today in the Northern District of Florida.
The attorney general of Virginia filed a separate federal lawsuit (PDF) in federal court in the Eastern District of Virginia, the BLT notes.
The Florida-based suit makes essentially three claims, Rivkin tells the law blog: First, that Congress doesn’t have the power to require individuals to buy medical insurance. Second, that the law would violate the legislative branch’s taxation authority by penalizing individuals for failing to purchase insurance. And, third, that the legislation usurps state authority and grants it to the federal government.
The litigation seeks declaratory and injunctive relief and reasonable attorney’s fees.
Earlier coverage:
ABAJournal.com: “State Bids to Block Health Reform Could Bring ‘Free-for-All Lawsuit’”
