Pawlenty asks attorney general to challenge health reform, Swanson says ‘no’
Tuesday, March 23, 2010 at 8:45 am
Gov. Tim Pawlenty sent a letter to Attorney General Lori Swanson on Monday urging her to file suit against the federal government to block health care reform from coming to Minnesota. Swanson’s office says the bill hasn’t even become law yet and the individual mandate doesn’t take effect for four more years.
Pawlenty’s request joins Florida, South Carolina, Alabama, Nebraska, Texas, Pennsylvania, Washington, Utah, North Dakota, and South Dakota in challenging the health reform bill.
“It appears that Congress may be overstepping its bounds by forcing individuals or businesses to buy insurance,” Pawlenty wrote. “I respectfully request that you review the legal issues being raised by these unprecedented federal mandate and join other attorneys general to protect the constitutional rights of our citizens.”
But Swanson’s office said it’s in no hurry to explore legal action, since the bill isn’t technically law yet.
“The legislation in question still has to be signed by the President and reconciliation has yet to be passed by the Senate,” said Swanson spokesman Ben Wogsland. “The individual mandate does not go into effect until 2014. Our Office has not yet read and analyzed the 2,400 page bill that passed the House yesterday. The Attorney General’s Office operates in the legal arena and we are not going to make any legal comments until we have had the opportunity to review the 2,400 page bill.”
Pawlenty’s cites one bit of documentati0n for his push for legal action: A 1994 Congressional Budget Office report that states: “A mandate requiring all individuals to purchase health insurance would be an unprecedented form of federal action. The government has never required people to buy any good or service as a condition of lawful residence in the United States.”
Pawlenty says the CBO was making a legal opinion about health care mandates, but it was not. The report, titled, “The Budgetary Treatment of an Individual Mandate to Buy Health Insurance,” was simply exploring the effects a mandate would have on the federal budget. CBO is not charged with evaluating laws based on constitutional principles. That report can be read here: (PDF)
The full text of Pawlenty’s letter:
As you may be aware, attorneys general in at least 12 states have indicated they plan to file lawsuits to block implementation of the federal health care reform legislation on constitutional grounds.
The legislation passed by congress requires individuals to purchase health insurance or pay a fine. Such a sweeping federal mandate has never before been enacted. In fact, when such a mandate was previously considered, a 1994 report from the Congressional Budget Office said, “A mandate requiring all individuals to purchase health insurance would be an unprecedented form of federal action. The government has never required people to buy any good or service as a condition of lawful residence in the United States.”
It appears that congress may be overstepping it’s bounds by forcing individuals or businesses to buy insurance. I respectfully request that you review the legal issues being raised by these unprecedented federal mandate and join other attorneys general to protect the constitutional rights of our citizens. These efforts will help maintain a proper balance in the relationship between states and the federal government.
While I support improving and reforming our health care system, this bill is overly focused on expanding access and will do little to improve overall health care quality or contain costs. Congress would have been wiser to use Minnesota’s market-driven, patient-centered, and quality-focused reforms as a model.
23 Comments
Comment posted March 23, 2010 @ 11:13 am
It’s too bad that we have TP. A reasonable Gov could be out promoting healthcare reform and holding up MinnesotaCare as a decent example of what can be done and what types of results can be achieved.
Comment posted March 23, 2010 @ 11:47 am
“It appears that Congress….” Appears? Come on Tim, have some backbone. Too timid to be President methinks.
Comment posted March 23, 2010 @ 12:50 pm
Yay Tim – we so want you to run for president -
Comment posted March 23, 2010 @ 1:33 pm
**oh gee**
Even King Pawlessly doesn’t know how to apply “it’s” (contraction of it is) and “its” (a possessive)!
Both are HUGE pet peeves of mine!
Comment posted March 23, 2010 @ 2:09 pm
“this bill is overly focused on expanding access”
Who does he think should be denied access to health care?
Comment posted March 23, 2010 @ 4:10 pm
Pawlenty and Palin in 2012. What is that sucking sound?
Comment posted March 23, 2010 @ 6:41 pm
People that don’t pay their insurance premiums, and can’t or won’t pay their medical bills themselves, should rely on charity, or get no health care.
Is this complicated?
Comment posted March 23, 2010 @ 9:18 pm
I hope Jimmy finds out personally how “unfortunate” that can be.
Comment posted March 24, 2010 @ 6:27 am
Health Care is NOT a right. Anyone who thinks so is a completely brainwashed socialist. Why should others pay for your health care? You don’t expect others to pay for your dinner, should you expect them to pay for you to see your doctor?
Comment posted March 24, 2010 @ 9:51 am
This bill solves nothing. How is a person who could not afford insurance last week suddenly able to afford insurance this week? They can’t. The compliance rules for businesses are so complex that many will drop insurance and pay the fine. The bill requires employers and the IRS to continously monitor policies, income levels, diversity and family status to ensure government approved coverage. Why hire ten new people to monitor all that when the current accountant can figure out the penalty in under one minute. Why not? Send them to the shiny new health exchange. When the health care exchanges are set up people will still have to buy insurance. Even with a partial subsidy they still won’t be able to afford the rest of the premium, the deductible and the co-pay. Number of people insured because of this bill. Zero
Comment posted March 24, 2010 @ 6:19 pm
“Free healthcare” is metaphysically impossible unless you count “no healthcare”. Someone pays. And because of government meddling it is very expensive.
While arranging for someone else to pay for my care is tempting, it is wrong. Metaphysically wrong.
Pingback posted March 24, 2010 @ 8:15 pm
[...] Swanson’s office says the bill hasn’t even become law yet [as of Monday] and the individual mandate doesn’t take effect for four more years. See full article at The Minnesota Independent. [...]
Comment posted March 24, 2010 @ 9:09 pm
There isn’t enough cheese around for all the whining going on here.
Comment posted March 25, 2010 @ 3:14 pm
Swanson’s a democrat, what do you expect? They do what the party wants, not what the people want.
Remember they know what we need better than we do.
Comment posted March 25, 2010 @ 5:31 pm
So Tim is preventing me, a citizens of the State of Mn AND a citizen of the US, preventing me from receiving Health Care? I am laid off, have no present employer or income. He will prevent those like me from getting something most
Industrialized countries offer their citizens on a humanitarian basis. We the taxpayers are fully supporting the single payer system in Iraq. Whats wrong with this picture???????????????????????
Comment posted March 25, 2010 @ 6:28 pm
Tim is NOT preventing you from purchasing healthcare or health insurance. But how can you be “fully supporting” something and yet be unemployed?
Those “industrial countries’” humanitarian healthcare systems rely heavily on medical technology from the US where profits drive innovation. Destroy our health industry and they will suffer too.
Comment posted March 31, 2010 @ 7:25 am
Tim Pewlenty is doing this because he wants to show up himself at the cost of Minnesota. This would take enormous amounts of our money. Apparently, Pawlenty doesn’t care about this, if it doesn’t serve his own purposes. Minnesota has never been a state where we do not care about our own rights, as it relates on the whole, or our own people. We are serious about our politics, and although we have some really unqualifed people, like Bachmann, we do not like those who choose to make a mockery of our people. Take Note: Coleman.
Whether or not you believe that health care is “a right” or not is not the only issue here. MN found a way to help those who make so little, but still work – to have insurance. It doesn’t do enough because it doesn’t help those who fall into the cracks of being able to afford something, but not the private premiums entirely. That means, when someone doesn’t have insurance for those reasons, the money falls on our debt for medical care. It also means that many do not get the adequate care the need as a whole.
Medicaid was going broke, and in 2003 – while Bush was trying for a second term, he wanted that Medicare Part D prescription bill, and those subsidies to Companies in completely unfunded. (Senior votes) Not only did these companies get that subsidy, but were allowed to write off this subsidy as “their expense” in taxes. All this help create an additional 500 bil to our Fed debt at the time, and a large deficit to contend with.
We had to do something for many reasons with this health care reform. Not doing anything was not an option.
Comment posted March 31, 2010 @ 7:31 am
Tim Pewlenty has also taken money from our Vets program to fund his “religous programs”. This money was from the License plate program and was never part of the MN fund. He also took away funds that actually made money for Minnesota. That 2mil that he was upset about in the budget, 89 mil of that was for his own pet project to build another prison for sex offenders. That is just the initial cost, and you can bet that it will be more then that once it is done. Not including the 326 per day, per prisoner this new facility will cost MN.
Before you chime in on these issues, you should take a real hard look at what he is actually costing us here.
Comment posted March 31, 2010 @ 7:32 am
This healthcare reform will not be free. It will, however allow those who cannot afford the very high premiums, to pay something. That works for everyone.
Comment posted April 2, 2010 @ 3:07 pm
If the intent of the ACA had been to “destroy” the health industry, Jimmy, we would have single payer. So many people are so confused because they don’t take the time to research the legislation. The ACA is a private-public hybrid system of health care delivery. This is the system the members of Congress use for their own health insurance, yet some of them roam the country looking for the nearest microphone and/or camera to criticize the very they use, and unfortunately, the gullible buy their BS, hook, line, and sinker. One can only be made a fool by someone else if he/she is too lazy to do what is necessary to separate facts from lies.
RSS feed for comments on this post.
Sorry, the comment form is closed at this time.






