Wisconsin fights health care reform law
At some point after Jan. 3, when Scott Walker becomes governor, Wisconsin will challenge the constitutionality of the federal law to overhaul the health care system.
Wisconsin Attorney General J.B. Van Hollen has not decided whether the state will join the lawsuit filed in Florida by 20 other states, the National Federation of Independent Business and two uninsured individuals, or file its own lawsuit.
“That work is under way,” Van Hollen said. “I have been in discussions not only with my staff but also with staff of both the Florida AG’s office and the Virginia AG’s office.”
Joining a lawsuit filed by the Virginia attorney general would be more difficult because that case includes legal issues surrounding a state law.
Van Hollen expects to make a decision in the next month or so.
The key issue in the legal challenges is whether the federal government can require people to buy health insurance or fine them for failing to do so. That requirement is considered essential if health insurers must cover people with pre-existing health problems.
Wisconsin joining the legal challenges to the law would fulfill a campaign promise by Walker while making the state a participant in a historic case almost certain to be settled by the Supreme Court.
“It is the biggest ongoing constitutional law dispute in the country, certainly the one with the most far-reaching effect,” said Andrew Coan, a professor at the University of Wisconsin Law School.
More than 20 separate challenges to the law, including lawsuits by conservative groups and individuals, have been filed in federal courts throughout the country. And most legal experts agree that both sides raise valid questions.
“This case could be decided either way without overturning any existing Supreme Court precedents,” Coan said.
So far, federal judges have dismissed two of the lawsuits – one filed in Virginia by Liberty University, founded by Jerry Farwell, and the other filed in Michigan by the Thomas More Law Center, a public interest law firm that focuses on defending the religious freedom of Christians, family values and other issues.
But federal judges in Florida and Virginia have denied the federal government’s motions to dismiss the lawsuits by the states.
Van Hollen, a Republican, wanted to challenge the health care law immediately after it was passed but needed Democrat Gov. Jim Doyle’s approval – and the governor in a strongly worded letter made clear that wasn’t going to happen.
“The State of Wisconsin will not enter into litigation intended to deny health care for tens of thousands of residents,” Doyle wrote in March.
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