The Tennessee Health Freedom Act, which has already been passed by the Senate, and is making it’s way through the House; would require the Attorney General to sue the federal government if the feds were to penalize any Tennessean for not obtaining health care insurance under the federal health care reform act that was passed and signed into law at the end of March.
In summary AG Cooper writes in his opinion about attempting to litigate under the mandates of the House and Senate bills challenging the federal legislation
A court would likely determine that SB 3498/HB 3433 and HJR 745 are preempted by conflicting provisions of the federal Patient Protection and Affordable Care Act.
He further notes in detail that:
“Congressional power to preempt state law arises from the Supremacy Clause of the United States Constitution. The Supremacy Clause provides that the laws of the United States “shall be the supreme law of the land; and the judges in every state shall be bound thereby, any thing in the Constitution or laws of any state to the contrary notwithstanding,” U.S. Const. art. 6, cl. 2. Accordingly, a state statute cannot “stand as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress.”
In short, the AG is of the legal opinion that these state laws don’t matter, as they cannot preempt federal law, or be enforced. Cooper says he will not be able to act as council on behalf of the state in defense of such a laws, writing “this Office could not act as counsel for the State pursuant to such a statute. Compare Tenn. Code Ann. § 8-6-109(b)(9) (Attorney General has a duty to defend the constitutionality and validity of all State legislation, except in those instances where the Attorney General is of the opinion that such legislation is not constitutional).”
Republican Rep. Mike Bell, who sponsored the bill in the House, dismissed the the AG’s statement as one man’s opinion; and Senate Speaker Ron Ramsey stated that the assembly would seek other legal representation if the AG would not.
But it’s not simply one man’s opinion; but that of the state officer charged with enforcing the law in Tennessee, and holding Tennessee constitutional powers.
Nonetheless, on Monday night the house voted 66-29 for a non-binding resolution expressing opposition to the federal healthcare act. Without amendment, the house spent 2 hours debating and passing an unenforceable statement that was originally proposed in the fall. The statement makes references to former proposal that did not even make it into the federal health care act, such as a opposing a federally run government health plan. In this original form the resolution makes reference that "Congress is considering legislation...," though the legislation has passed, and been signed into law.
Even Republican supporting the bill became frustrated with the seemingly purposeless debate, with Rep. Curry Todd, stating on the floor that "I've been up here 12 years, and this is one of the most ridiculous nights I've ever seen. This is totally asinine."
The House also took up a bill sponsored by Rep. Matthew Hill, that would prohibit any health insurance plan created through the federal health care act’s insurance exchanges from providing abortions coverage. That bill passed 70 – 23.
For the Senate’s part, Speaker Ramsey pushed through a bill 21- 7 urging AG Cooper to contest what the bill calls “unconstitutional” provisions in the health care reform act. Read more: http://www.blogdoctor.me/2007/02/expandable-post-summaries.html#ixzz0fvTXmFSF
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