2009-K1432
LEGISLATIVE RESOLUTION urging Attorney General Andrew Cuomo to join with
13 other state attorneys general in suing the federal government chal-
lenging the healthcare reform act
WHEREAS, Not more than seven minutes after President Barack Obama signed
the healthcare reform bill into law, a total of 13 states joined togeth-
er to send this matter into a courtroom with the hope of halting imple-
mentation of the President's Healthcare Reform Legislation; and
WHEREAS, The lawsuit calls this an "unprecedented encroachment on the
liberty of individuals"; it states the United States Constitution
doesn't authorize such a mandate, the proposed tax penalty is unlawful
and is an "unprecedented encroachment on the sovereignty of the states";
and
WHEREAS, The leader of the filing is Florida Attorney General Bill
McCollum, who is arguing that forcing Americans to buy health insurance,
a service offered by the private sector, is unconstitutional and the
proposed tax penalty for the failure to buy health insurance is unlaw-
ful; and
WHEREAS, The lawsuit says this federal legislation is an
"unprecedented encroachment on the liberty of individuals, and on the
sovereignty of the states," and was filed in the state of Florida at
12:02 p.m. on Tuesday, March 23, 2010; soon after, a separate suit was
filed by Virginia Solicitor General E. Duncan Getchell in Richmond,
Virginia; and
WHEREAS, The grounds for the suits is most states believe that having
their residents mandated to buy health insurance -- or face fines or
taxes if they refuse -- is simply not right; as one legal expert recent-
ly stated, the legislation's requirement that individuals buy health
insurance exceeds the federal government's power to regulate interstate
commerce under the U.S. Constitution; and
WHEREAS, The suits filed by the 13 attorneys general is that they
claim standing essentially because of the costs the states will have to
incur to expand Medicaid, as envisioned by the new law; and
WHEREAS, Furthermore, this legislation is estimated by the New York
State Division of Budget that it will cost New York approximately an
additional $300-$400 million this year; now, therefore, be it
RESOLVED, That this Legislative Body pause in its deliberations to
urge Attorney General Andrew Cuomo to join with 13 other state attorneys
general in suing the federal government challenging the healthcare
reform act; and be it further
RESOLVED, That a copy of this Resolution, suitably engrossed, be tran-
smitted to Attorney General Andrew Cuomo.