Even before the impending health care vote, Republicans already talking about lawsuits if the bill passes. Many interest groups and lawyers are particularly researching the legality of considering and adopting the rule and constitutionality of the individual health insurance mandate.
According to Politico , continues the Government on the legality of the Deem and pass rule would be a challenge for lawyers. There are already precedents for judges to stay out of disputes over whether a bill was passed properly.
"The Constitution says that every home can write its own rules. These rules are in place in Congress to pass and they will not be questioned by the courts. As long as there will be a vote the language of the proposed Senate bill, but they are going to do this, then the draft Senate bill is passed by the house and they have met the requirement of the Constitution, "said Tim Jost, Professor of law Washington & Lee University.
Already 37 states have begun to pass legislation that would allow residents to withdraw from the individual health insurance mandate. Virginia was the first state to pass legislation and Attorney General Ken Cuccinelli II decided to challenge the measure.
Cuccinelli believes that the individual mandate violates the Ninth and Tenth Amendments and warned that Nancy Pelosi will take legislative measures against it.
Many legal experts believe that the state laws against a mandate would ultimately not hold because the federal law in this case replace the laws of the state.
All this talk trial could end up being an epic battle of the Supreme Court or just a grand political circus.
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