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At some time after January 3, while Scott Walker became governor, Wisconsin to challenge the constitutionality of federal legislation to revise the health care system

Wisconsin Attorney General JB Van Hollen has not decided whether the state will join the complaint in Florida from 20 states, the National Federation of Independent Business and two uninsured, or file its own case.

“This work is in progress,” said Van Hollen. “I had discussions with not only my staff but not with the staff of both offices of the Florida AG office and the AG of Virginia.” Access to a lawsuit Virginia Attorney General would be more difficult, because this case involves legal issues surrounding a state law. Van Hollen should decide in the coming months. The key question is whether legal challenges in the federal government can force people to buy health insurance or a fine for not having their Sun This requirement is considered essential if insurers have to cover people with preexisting medical conditions. Wisconsin join the legal challenges to the law would be a campaign promise to Walker while the status of a participant in a historic case almost certain to be resolved

The Supreme Court

“It is the largest of the dispute courses in constitutional law in the country, certainly with the effect of a more ambitious, “said Andrew Coan professor at the University of Wisconsin Law School.

More than 20 separate challenges to the law, including litigation by conservative groups and individuals were 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 upsetting the existing jurisprudence of the Supreme Court,” said Coan. So far, federal judges have rejected the two cases – a request from Liberty University in Virginia, founded by Jerry Farwell, and other documents filed in Michigan by Thomas More Law Center, a public interest law firm that focuses on the defense of religious freedom of Christians, family values ​​and other issues. But the federal judge in Florida and Virginia have denied the motions to dismiss federal criminal by the States. Van Hollen, a Republican, wanted to challenge the law on health care immediately after being taken, but the Democratic governor needed. Jim Doyle’s approval – and the governor in a fierce letter to clarify that it would not happen

“The State of Wisconsin shall not enter into litigation in order to prevent health care for thousands. residents of the latter,” Doyle wrote in

March.

The state has estimated that the law would save 5000000-0000000 Wisconsin from January 2014, in June 2019 as the federal government play an increase in insurance costs for residents with limited incomes.

But Van Hollen said Wisconsin

should sue to protect the balance of power between the federal and state levels.

says: “It ‘s a matter to be clarified one way or another, he

If people are not required to purchase insurance, they will. Could wait until when they are sick to buy them. health insurers routinely identified with the opportunity to purchase homeowner’s insurance while your house is on fire.

SubventionsLe right

Health Care provides grants to individuals and families to low and moderate income to buy insurance if they do not receive health benefits at affordable prices by an employer. The law specifically states that people who do not buy insurance – either by choice or by necessity -. hospitals and physicians with saddle large unpaid bills that increase costs for people with insurance

This is one reason for the condition called individual responsibility.

But the population includes disproportionately uninsured people in their 20s and 30s. Many of them could afford to purchase insurance. The economists call “free riders. “They also tend to be healthier -. And their bonuses are necessary to offset the cost of health insurance to the sick health problems

People

that are not beneficial to the health of an employer are now effectively blocked the insurance market in many states because of health insurance not covering them. Change is one of the main provisions of the new law.

States can compel people to have health insurance in Massachusetts is doing now. and the right of the federal government to regulate the insurance industry is clear. What is the law confers the power to compel people to buy health insurance.

Opponents note that

The federal government has never passed a law requiring citizens to buy a product or service or private pay a penalty.

Congress passed a law requiring people to buy health care for the health insurance claim opponents, is no different from requiring people to buy vitamins or join a gym.

Ilya Shapiro, senior fellow in constitutional studies at the Cato Institute, a libertarian think tank in Washington, DC, said it has no limits in principle on the federal power exist, if the law of health is authorized. was

Activities économiqueLes

legal arguments made at least to some extent decide not to purchase health insurance is an economic activity

Here’s why.

<> p since 1940, the Supreme Court has given broad powers to regulate interstate commerce under the Constitution.

These powers are still limited to economic activities.

The Constitution, under the necessary and proper clause, which gives Congress the power to make regulations to regulate interstate commerce.

The Justice Department argued that the decision not to buy health insurance is a business decision that affects the health care system, it also argues that everyone, even those who are healthy, the market for health care.

But Shapiro and other opponents argue that reasoning would lead to a federal government with unlimited powers

said. “It is an economic decision in a way,”.

Opponents argue that requiring people to buy health insurance economic inactivity rule.

To

Coan, UW professor of law, this is not the key issue in this case.

“If Congress shall regulate its inactivity of effective regulation of trade, the need and corrected the article, he gives this power, “said Coan.” This is how I analyze the case. “

Federal judges in cases brought by the Thomas More Law Center and Liberty University, agreed.

But Shapiro noted that there are” many, many decisions yet “

Proceedings raise other issues. – including complex tax issues – but some legal experts said the most important issues concerning the mandate to buy insurance Health

.

No one expects the issue to be resolved before 2012 soon.

decide what to do

Van Hollen must now decide how to proceed.

p <> Join other states in search of Florida would give less control over the direction of the Wisconsin case.

Florida case might be too long for Wisconsin to intervene.

“We in the analysis may also decide that you want to take a little ‘different road legal or substitute for them,” said Van Hollen. “There are a number of factors and, once again, we have some ‘time to figure out which prevail. “

The cost of defying the law will depend on the prosecution is conducted by his staff and how the proceeds of the state. Van Hollen acknowledged people have asked what difference the outcome in Wisconsin could do, given the number of cases already filed. But he said that a multitude of parties can provide a position of greater legal authority. “I really think it makes a difference,” he said.