Cox joins other states in constitutional challenge to HR 3590

Cross posted at


The office of the Attorney General of Michigan published the following statement today:

“LANSING – Michigan Attorney General Mike Cox today announced that Michigan has joined the State of Florida in a lawsuit challenging the constitutionality of health care legislation passed by the U.S. House of Representatives Sunday night (H.R. 3590).

“Congress’ attempt to force Michigan families to buy health insurance – or else – raises serious constitutional concerns,” said Cox. “We will fight to defend the individual rights and freedoms of Michigan citizens against this radical overreach by the federal government.”

Michigan joined several states in Florida’s legal challenge to H.R. 3590. The lawsuit challenges Congressional authority under the U.S. Constitution to enact an individual mandate compelling Michigan citizens to purchase health insurance or face large fines.

Cox also expressed concern about the continued inclusion of the so-called “Cornhusker Kickback” in legislation. The “Kickback” allows the State of Nebraska to avoid paying its fair share of an expansion of Medicaid by forcing taxpayers in states like Michigan to pick up the $100 million tab.

In December, Cox joined a bi-partisan group of Attorneys General from across the country opposing the kickback and demanding Congress remove the unfair provision or potentially face legal action.”

The constitution is THE law of the land. It is the agreement under which the states had pledged to operate, so as to retain sovereignty all the while creating a framework for our common defense, coining money, and trade.

And no one has been more damaged already by these forays into illegal use of federal power than Michigan. Mandates cleverly hidden in “grants” and monies given to states remove a little of each state’s self governance, and our Governor has eagerly jumped for such things, ultimately sacrificing Michigan’s energy independence, and control of schools.

This power grab unfortunately brings with it a new set of entitlements that will cause distress to those who were actually hoping for real solutions in health care they have. Truth be told, the resulting damage to the way in which we choose our professions and careers becomes affected, resulting in fewer professionals entering the field of medicine, that ultimately leads to shortage of care.

Michelle Malkin highlights other states (Michigan not listed there) which have lawsuits planned.

The bill is both shortsighted and unconstitutional. Challenging it on the grounds of its legality is the least our AG can do.

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