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Welcome back president Obama's health care overhaul hitting the legal speed bump and it may only get bigger.
A federal judge ruling yesterday.
That Virginia can move forward with their lawsuit over health care and other states are planning similar lawsuits we are right now joined by Ken.
-- and -- attorney general of the commonwealth of Virginia and Bill McCollum the attorney general of Florida good morning guys thanks for joining us today good morning.
-- let's start with you congratulations you won round one and against the the administration.
Essentially your argument is what regarding health care.
Well first of all of that the individual mandate goes beyond.
Both the constitutional limits and anything that the Supreme Court is ever allowed to stand under the commerce clause.
This is not regulating commerce this is dictating to people that they must go buy a product that's unprecedented in American history.
And the administration is their fallback position as well it's -- tax.
And ironically enough our position is that it is not and the court yesterday said.
That this legislation goes farther than anything ever has under the commerce clause and it goes farther than anything ever has.
Under the taxing power so we are out beyond the outer limits of what has previously been held to be constitutional.
According to the court in Virginia and so now we have to move forward to summary judgment.
Where the judge will actually decide whether it each of those positions.
Is constitutional or not of course Virginia's position is that the bill is not constitutional.
And and we're just glad to be by the first turtle what we won yesterday was the right to go forward.
It's a summary judgment and we won on all four arguments the federal government had all its arguments rejected by the court yesterday.
We're very pleased with that.
Now attorney general McCollum we've spoken to you before about your lawsuit down in be -- great state of Florida which is similar to.
-- Virginia's Virginia's just as it turns out was the first one.
Went up in court in front of a judge and so they have that ruling that you are joined with about a dozen states in all what's the status of your lawsuit against the federal government.
-- we have ninth nineteen other states with us we are going to have -- a brief due this Friday.
On the motion to dismiss by the Justice Department will have our hearing some of the ones that are good to know I had.
We'll have that September 14 now.
Our lawsuit -- a little bit for from his it includes not only the individual mandate issue which we thinks unconstitutional on the same basis he does.
But it also includes a states rights claim on our part regarding the tenth amendment because.
Those states that joined us believe that the sovereign of the State's been broken here on the deal over Medicaid.
You know that several years ago the states made an arrangement with the federal government to administer the Medicaid program for the poor it in the states.
And they agreed to pay a certain percentage of the amounts that is it's put out of those dollars from here the federal government has come along this health care bill.
And greatly expanded the eligibility increase the cost of the states by.
And our case Florida over billion dollars a year.
And and we think that that's -- -- state assets it is a violation of states' rights they didn't ask us they didn't ask permission and all -- told us we have to do this sure.
-- -- right now a gentleman we are joined by Mike Cox the attorney general of the great state of Michigan.
Mike what about you guys tell me a little bit about your action and how you feel about.
The federal government telling people individuals look you gotta go out you gotta buy insurance -- that we know it's ever been done before but it's in the greater good.
Well you know -- here Michigan I wish the president would go out and make everyone by Ford Motor Co.
but -- it.
But the reality as AA has.
As Phil Kent pointed out that this is unimpressed saying grabbed.
By the President Obama administration imagine if President Bush the Republican House.
And -- a couple years ago went out and made everyone by 38 Smith & Wesson.
They are otherwise you'd be -- to imagine the hue and outcry that.
I -- clearly this is that clear trampling on not only states' rights for individual rights and that's -- we see happening in Arizona as well.
OK speaking of Arizona.
Candidate in Virginia yesterday you have that you had a -- an opinion that said essentially that law enforcement can ask.
The status of whether or not somebody who is stopped he's in the country legally or illegally right.
That's correct and honestly mrs.
-- quite explosive bit of attention but as bill and my could both tell you this is pretty ordinary.
Law enforcement has the ability to do this on an ordinary basis.
Citizens don't necessarily in all circumstances have to answer every question but once there's been a legitimate stop.
Law enforcement has the ability to ask questions on subjects other than what the stop was related to including immigration.
So because of Arizona and Mike Cox's leadership.
Among our states and in.
Getting amicus brief in and doing it quickly and did a great job on that -- we appreciate that thank you on this as you know blossomed again as a public issue.
Dan done in Virginia I'm getting a lot of inquiries from my legislators about what we can do and what we can't.
And that opinion was intended to clarify what law enforcement in Virginia can do today as of right now.
Great Mike I know you feel that that what the age would judge Bolton did down in Arizona last week.
Where who put the injunction on portions 107 -- and it's.
And built 170 but just a slap in the face of the sovereignty of the people of Arizona.
Absolutely and that's beyond my feelings since 1984 the federal courts in Salinas vs Gordon said.
That police officers can use a reasonable suspicion to do exactly where Arizona's mandating.
So -- cat has pointed out this is nothing different this has been longstanding.
What's different is Obama administration's.
Dramatic stretch overstretched.
And use of the constitution that -- state sovereignty in individual liberty.
All right Bill McCollum I'm gonna give you the final word on this.
Well a final word is that SI joint general Cox I join him -- that because I support there is an immigration law I really think it's sort of like if you got somebody.
There's a plea does say he's a postman.
And he's on postal property.
And -- police officer local cop comes by and he sees you being attacked.
He can go over there and make an arrest under federal law there's there's a real interesting issue here because -- Obama's trying to usurp states' rights and -- we have a police powers.
And that's really wrong just like by the way that memo.
That's out there now that's really scary thing Homeland Security -- about immigration laws where they're trying to do.
Immigration by the back door without -- -- congress -- taking away.
Lot of state powers here a lot of -- guys failure we're gonna have to we're gonna have been right there great debate we thank you very much.
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