Attorney generals in 12 states are preparing to challenge the health care bill as soon as President Obama signs it into law.
They are pledging to carry the battle all the way into the Supreme Court if necessary.
The challenge hinges on the constitutionality of the health care bill and whether Congress has overstepped its authority.
At the center of the controversy is the bill's inclusion of a federal mandate requiring all Americans to purchase health insurance or face penalties. Opponents say this measure stretches Congress’s constitutional power to “regulate commerce … among the several states” beyond any meaningful limits on federal authority. They say Congress is authorized to regulate behavior to protect public safety or welfare, but federal lawmakers overstep the constitutional limits of their power when they begin ordering Americans to purchase certain products.
“With this law, the federal government will force citizens to buy health insurance, claiming it has the authority to do so because of its power to regulate interstate commerce,” Cuccinelli said. “We contend that if a person decides not to buy health insurance, that person – by definition – is not engaging in commerce, and therefore, is not subject to a federal mandate
Participating Attorneys General are from Florida, South Carolina, Alabama, Nebraska, Texas, Oklahoma, Pennsylvania, Washington, Utah, North Dakota, and South Dakota.
And so another battle line is drawn.