StopOCWe may not have to repeal Obamacare,  it’s headed for the courts.    Right after Obama signs this monstrosity into law more than 35 State AG’s will file suit to block either all or some of it’s content.   Many legal scholars believe such litigation will be successful.   One of these, AG Bill McCollum is taking it to the Supreme Court.

“Whenever President Obama signs this bill into law, which he will do, we will file a lawsuit – and I’m going to be joined by at least nine other attorneys general in this lawsuit – in the Northern District of Florida. That lawsuit will seek a declaration of unconstitutionality from the court based upon two primary areas: Number one, the individual mandate provision that’s in the bill that requires an individual, just for living – we call it a ‘living tax’ on an individual – just for sitting in a chair and not doing anything, having to pay a penalty if they don’t buy an insurance policy, a health insurance policy . . . and if they don’t, they’ll pay a fine or tax.


“Secondly, the lawsuit is going to seek a declaration that the whole bill is unconstitutional on the basis that it manipulates the states into doing things that the states simply can’t afford and breaks their sovereignty and is a violation of the 10th Amendment.

“So there are two basic principles here. Number one that Congress has exceeded its powers in terms of its requiring the individual mandate that anybody has to buy a health care policy or suffer a penalty of some sort, a fine or a tax. And number two that it violates the 10th Amendment rights of the states in that it goes far beyond an unfunded mandate and literally would cost the State of Florida alone billions of dollars .

It’s without a doubt that the bill is unconstitutional and was crafted in unconstitutional ways.   There is no doubt that the mandated coverage will be sticken down, most likely by lower courts.   However greater passages of the bill, such as State Sovereignty may have to go all the way to the Supremes.   There will be no doubt injunctions in the wake.  As noted before other States are Alabama, Nebraska, North Dakota, Pennsylvania, South Carolina, South Dakota, Texas and Washington.