Wisconsin's attorney general, J.B. Van Hollen, wants to sue the federal government over the new government-run health care law. He wants to join attorneys general from many other states in challenging its constitutionality.
Of course, Gov. Jim Doyle and the Democrats aren't going to let that happen.
From the Milwaukee Journal Sentinel:
Republican Attorney General J.B. Van Hollen sought approval Thursday from Democrats who control most of state government to sue over new federal health care legislation.
That authorization is something he is unlikely to get, however.
"Based on my preliminary review of the act, I have concluded that a sufficient legal basis exists to contest the individual mandate to carry health insurance or pay a penalty under the act," Van Hollen wrote in a letter. "It is not clear that Congress has an enumerated power under Article 1 of the U.S. Constitution to impose this requirement on a citizen. . . . . The power asserted here is unprecedented and unique."
Attorneys general in several states have filed lawsuits challenging the constitutionality of vast changes to the health-care system, but Van Hollen can't join that lawsuit without authorization from Doyle or one of the houses of the state Legislature. Aides to Doyle and Democrats who control the Legislature have said they will not do that.
Van Hollen sent his letter to Doyle and legislative leaders four days after Congress passed the new law and three days after two Republicans running for Wisconsin governor called on Van Hollen to sue the federal government.
I'm disappointed that it took Van Hollen as long as it did to act.
Even though he won't get authorization to proceed from the Dems, I think it's important for Van Hollen to declare his desire to file suit.
Wisconsin Democrats need to be held accountable for their role in bolstering a possibly unconstitutional law and blocking a legal challenge.
Here's Scott Walker's reaction to Van Hollen's announcement:
Wauwatosa – Scott Walker, Milwaukee County executive and candidate for governor, issued the following statement after the announcement by Wisconsin Attorney General JB Van Hollen that he is requesting the authority of Governor Doyle and the Legislature to sue the federal government over Wisconsin’s right to opt out of Washington mandated health care.
“I applaud the Attorney General’s decision today. Washington bureaucrats are the absolute worst people to pick our doctors and prescribe changes to our families’ health care plans, and I commend Attorney General Van Hollen for standing up for Wisconsin’s right to say no to this massively flawed piece of legislation. Bigger government does not equal better government, and as governor, I will work with Attorney General Van Hollen to put the brakes on this and other orders from Washington that spend money we don’t have and take away our individual rights. I call on Governor Doyle and the Legislature to join us in standing up for the people of Wisconsin.”
“Earlier this week, I recommended that the Attorney General pursue legal action to protect Wisconsin families from the federal mandates. I will support and sign legislation outlining Wisconsin's intent to opt out if possible, support candidates for federal office who will vote to repeal this federal mandate, and review all other legal options to put the brakes on this legislation."
Here's Mark Neumann's statement:
WAUKESHA, Wis. - March 25, 2010 - "I applaud Attorney General Van Hollen for seeking the authority to file suit over the federal healthcare bill signed this week by President Obama. The Attorney General obviously sees the serious constitutional problems this legislation creates and is doing the right thing to protect the citizens of Wisconsin.
"I call on the Legislature and the current Governor to grant the Attorney General the authority to pursue this legal action on behalf of the people of Wisconsin.
"A clear majority of folks are outraged by this massive government takeover of one-sixth of our nation’s economy, forcing people to purchase insurance, limiting individual choice, driving up taxes and costs.
"I have been a strong advocate for the Attorney General in this action. As Governor I would ensure he has the authority to file suit against this massive mistake. I also support a state constitutional amendment that would protect individual choice regarding healthcare.
"This is now officially a Wisconsin issue, and there is no doubt that if the Legislature refuses to grant the Attorney General this authority, they will pay a steep price at the polls this November.
"This will become a central issue in races across the state, and those who block or vote against this effort will be held accountable, just as members of Congress who voted for this boondoggle will be held accountable for their actions."
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