Time for the States to Act

©2010 drkate

Even while the debate, shenanigans, bribes, arm-twisting, and naked shower encounters continue, an effort is underway to challenge the legality of any health care mandate that is signed into law.   Florida Attorney General Bill McCollum sent a letter to the National Association of Attorneys General requesting that State AGs join this challenge.  Here is part of the press release:

Attorney General McCollum today sent a letter to the state Attorneys General regarding the federal health legislation inviting them to join him in preparing a legal challenge to the constitutionality of whatever individual mandate provision emerges, immediately upon the legislation becoming law.

“Presumably one of the provisions penalizing individuals who do not buy insurance will be in any final legislation which becomes law, and if so, I intend to pursue litigation to challenge it,” wrote Attorney General McCollum.

You can act too.  The action right now will be on the state level, where you must compel your state leadership to protect its citizens from Obamacare.  This also can be used as a vehicle to launch statesmen and stateswomen into every state office.  Here is a sample letter to the editor to all the papers in my state.

Will Wyoming Protect its Citizens?


The Attorneys General of the States of Florida, South Carolina, and Virginia have announced that they will legally challenge the Constitutionality of any health care bill mandate that emerges from Congress.

Florida Attorney General McCollum states “…the individual mandate, whether levied as a tax or as a tax penalty, is a capitation or direct tax that is not apportioned evenly among the states as is constitutionally required.”  He notes that states have specific standing to sue the federal government to protect their sovereign and quasi-sovereign interests.  In a letter sent to all the state Attorneys General on March 16, 2010, McCollum invites other states to join in the effort.  South Carolina immediately joined.

In Virginia, Attorney General Bob McDonnell will challenge any action by the Federal government to impose mandates upon its citizens by requiring President Obama prove definitively his authority to sign such legislation under the quo warranto statute.

This year, Wyoming republican legislators proposed an amendment to the Wyoming Constitution that would have prohibited the imposition of federal fines on or jail time for Wyoming citizens resulting from federal “health care” legislation.  Democrats, acting in unison, prevented this amendment from moving forward. Did party politics trump the duty to protect Wyoming and its citizens?

Please join me in petitioning Governor Freudenthal and Attorney General Salzburg to join with other states in protecting the Wyoming citizenry from unconstitutional federal health care mandates.

Do NOT let the States betray their citizens!

32 Responses to “Time for the States to Act”

  1. 1 tiger 7 March 22, 2010 at 7:10 am

    There are at least two good aspects of what took place in DC last night—states will have a very real incentive to take action to protect their rights and the unabashed action of BHO may well be the straw needed to bring the eligibility issue into the open. An illegal president can’t sign anything into law—that would solve a lot of problems.

    • 2 tdr March 22, 2010 at 8:41 am

      You have to wonder what all those who thought this administration could be handled on policy only are now thinking.

  2. 3 susan h March 22, 2010 at 8:27 am

    Fox News had an attorney on one of the shows over the weekend. She was asked whether the federal govt. could FORCE individuals through states to buy insurance and then fine or tax them if they did not. The attorney answered, NO THEY CAN’t. Based on some commerce clause it is UNCONSTITUTIONAL, with precedent for it (she named a case on point). There will be a lot of challenges and ultimately this will end up in the Supreme Court. I hope it does before Obama can more fully stack the deck. Idaho has already signed into effect the OPT-out legislation with 36 other states ready to follow. Of course my home state of Illinois is not in that column.

  3. 6 jtx March 22, 2010 at 9:02 am

    Virginia has a good idea – including a stricture forcing BHO to prove he is legally eligible to hold the office he now occupies via Quo Warranto.

    Let’d hope the other states bringing legal action also incorporate that little fillip.

  4. 8 drkate March 22, 2010 at 9:11 am

    Fire the speaker! Michael Steele

    “For the sweetheart deals and arm-twisting tactics; for this unconscionable dereliction of her duty; for this gleeful defiance of the Constitution; and for the utter contempt with which she has repeatedly treated the American people, Speaker Pelosi MUST be fired.”


    • 9 Ginger March 22, 2010 at 9:51 am


      I am so disappointed in Michael Steele. I soooooo respected him when he used to be a Fox news contributer, but not any more! It’s like he changed over night! I think he is really a Barry plant to shut up the republican committee.

      • 10 drkate March 22, 2010 at 10:12 am

        Me too, Ginger. I heard last night that he was calling for the impeachment of pelosi–of course she can’t be impeached but she can be investigated–and i thought this was bad advice he was giving and intend to write a post on it.

        This is the ‘controlled opposition’–like Glenn Beck–notice in the last two weeks Glenn Beck has been insulting patriots and birthers? I think this was controlled opposition to distract patriots from this health care fiasco.

        We are in treacherous territory.

  5. 11 No-nonsense-nancy March 22, 2010 at 9:49 am

    I hope this can get him, finally. My state is one which is supposedly about to take action on this. I’m glad. I hope it is true. Thank you, again, Dr. Kate, for keeping us posted of these things. You spend so much time and energy. You are so devoted to our cause.

    BTW, last week I watched all 7 hours of Michael Badnarik’s class on the constitution that I got from your blog roll. It is fantastic. I’m going to listen to it again. Everyone should watch it if you are able. I highly recommend it.

  6. 12 Ginger March 22, 2010 at 10:09 am

    Hello Everyone…

    I have an idea! A poster on another blog suggested that we dip our finger in a jar of ink like Irac does. We were talking about getting rid of the electronic voting machines before November. We are experiencing our rights being taken away as Irac is starting to get theirs. Could be a way to stop the voter fraud! We really need to get started on stopping as much voter fraud before November or I fear we will lose our rights completely!

    Just think of how much money the ink companys can make if they do up little jars of ink so that we can do it symbolically on our own.

    What do you think?

    God Bless America

  7. 14 No-nonsense-nancy March 22, 2010 at 10:43 am

    I read the whole piece on Sentor Hatch. Very good, thank you KJ.

  8. 15 heather March 22, 2010 at 10:52 am

    My state announced this morning they have 3 lawsuits ready to go today.

    Pelosi and them said the commerce clause applies which it doesn’t know and some republicans are using the roe v wade example for repeal. the commerce clause doesnt allow for this–they are interrupting it as they want only.

    the Ink vote is good—in my old state we had computerized ballots–in my new state it’s a simple fill in the circle with ink on a piece of paper! Best ever!

    I too am disappoint with Steele. I too, liked him on fox, but once he was maid chairman of the RNC I saw a different man. Get rid of him–vote for only the patriots that came out against this. Boehner, Ryan, cantor, Hence, Bachmann, Palin, and there are a few more—I live in a strict RED state so we are all conservatives here.

    Again my greatest fear is the 2012 election—what will Soros and the SEIU/Acorn do to get this bogus usurper back in? We cannot afford to allow him to run again. We cannot afford for him to finish this term—America will be destroyed forever then.

    Wake up, wake up, wake up people all across America!

    • 16 Dee March 22, 2010 at 11:21 am

      I am also concerned about 2012 because of the same reasons as Heather. I do think that Soros, Move On, the SEIU, and Acorn will do whatever it takes, legal or not, to have BO re-elected.

      • 17 Ginger March 22, 2010 at 6:41 pm

        Hopefully Soros is six feet under before then! Sorry it’s just how I am feeling right now! I would like to see a lot more of them to just go away.

  9. 18 GORDO March 22, 2010 at 11:04 am

    Michael Steele has ALWAYS been our enemy.

    This is from last July:

    “For the first time, RNC chair Michael Steele is sharply criticizing the birthers, condemning the movement as an “unnecessary distraction,” reaffirming that the president is a “U.S. citizen,” and stressing that it’s time to move past debating Obama’s “birth certificate.”

    In response to my questions about Steele’s views of birtherism, which holds that Obama wasn’t born in the United States and thus isn’t legitimately the president, RNC spokesperson Gail Gitcho sent me the following statement:”

    (see link for statement)

    “This statement coming from the GOP’s public face and chief operative is probably the most direct condemnation of birtherism yet by a top party official. His willingness to risk the wrath of the bithers, not to mention some of the party’s more strident voices, suggests he’s aware of the damage they’re doing to the GOP, by allowing Dems to paint the party as captive to intolerants and as more interested in discussing crackpot conspiracy theories than in debating real issues.”

    Notice Obama’s “British-at-Birth” status is not mentioned. They don’t want to deal with that issue.

  10. 19 Katie March 22, 2010 at 11:56 am

    I’ve been told the Colorado Attorney General is also going to be filing a lawsuit.

    In the meantime, another route is being taken to stop this. It puts the issue in the voters hands. (what a concept!)

    …”We at the Independence Institute refuse to watch this atrocity corrode the quality of healthcare in Colorado. For months we have been at work bringing forward an amendment to the Colorado Constitution to preserve as a basic human right our “Right to Health Care Choice.” It is my goal to make Colorado a sanctuary state for quality healthcare.

    This citizens’ initiative is very close to the petition stage. Soon we will need as many volunteer petition gatherers as possible. We will also need funding to wage this battle. I ask you, right now, to donate to our fight. I desperately need your talents, your time, and your resources to protect Colorado from this affront coming from DC. We can stop Washington.”



    • 20 Ginger March 22, 2010 at 6:59 pm

      Let’s hope that skinny, necked, ballerina does not show up in the attorny generals shower poking at his chest!

  11. 21 susan h March 22, 2010 at 12:01 pm

    I heard the “illegals” are now going to confront Congress to get their status changed. They feel it is the perfect time to do this. So just what we need, 12,000,000 or more illegals and their families added to the ranks of the insured, all without jobs, and all flooding the emergency rooms with so many of their chidren. As Obama was successful using every strong-arm tactic in the book, breaking the constitution, usurping the rule of law and ignoring the will of the American people, he can do it again with the illegal situation, which will add to the democratic ranks for November. He needs to focus on JOBS JOBS JOBS but his heart is not in it.

  12. 22 Katie March 22, 2010 at 12:14 pm

    I’m continually overwhelmed by the timeliness of the quotes from the Founding Fathers. Until a few years ago, they were just words on paper. I’m struck by how applicable these words are today. This one is reverberating throughout my heart, mind, and soul.

    “If ye love wealth better than liberty, the tranquility of servitude than the animating contest of freedom, — go from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains sit lightly upon you, and may posterity forget that ye were our countrymen!” – Samuel Adams

  13. 23 d2i March 22, 2010 at 12:36 pm

    dk – you have mail.

  14. 24 heather March 22, 2010 at 12:38 pm

    Since the votes last night I could not put my finger on why I am so saddened and depressed and it just hit me—-I felt this same way on 911!

    Our America, has been stolen from us right in front of our very eyes. It took 1 man, 3 years of lies, and a ton of entitlees.

    Yeah–he said he would use the deem and pass on immigration! It is now time for his removal from our WH.

    The middle class is going to loose and they are going to destroy whatever he have and they will not allow us to ever prosper again. Taxes on our investments, 40-1s———–don’t believe the 250k figure it will be well below 100k salary.

  15. 25 heather March 22, 2010 at 12:51 pm

    He lied——-he placed his hand on our Bible and swore an Oath to uphold our Constitution. He swore to defend our country against all odds, he is dismantling our military and disarming our weaponery. He is leaving us open for a massive attack and WE THE PEOPLE are helpless against HIM!

  16. 27 jtx March 22, 2010 at 4:48 pm


    There are several legal theories as to how to approach a quo warranto action. Perhaps one of the soundest and best legally-grounded ones in the Kerchner et al v. Obama et al lawsuit presently in Federal Appeals Court. You can read the original Complaint (called DOC 3 on the below-mentioned Apuzzo website) as well as the the Initial Appeals Brief.

    To understand just what is being appealed in the Kerchner et al case it would be helpful to read this legal analysis:

    A Federal Judge takes 4 strikes!!!
    and, following that, if you go to the Mario Apuzzo website and actually read the Initial Appeals Brief of Jan 19, 2010, you’re in for a real eye-opener (as are the DOJ attorneys “defending” Obama using our tax money).

    That’s doubly ironic since these attorneys – and their bosses – took an oath to defend the Constitution from enemies foreign AND domestic but they are now in the position of actually attacking that very document rather than defending it and are trying to get an obviously ineligible man to remain in an office he has never shown himself to be eligible to hold.

    The wonderful Apuzzo Brief is a primer on both Constitutional law, the meaning of it, the Founders’ intent vis-a-vis Article II of the Constitution and a forceful put-down of the lies and misinformation put forth by the Obama Flying Monkeys such as “smrstrauss” and others.

    I’d urge everyone to read the Initial Appeals Brief from Attorney Apuzzo’s website along with the many essays by both Mario Apuzzo AND his Lead Plaintiff, Charles F. Kerchner. While there, it would really help to donate even a small amount to the publicity/education fund presently used only for full-page newspaper ads in the Washington Times National Weekly Edition.

    The Brief gives a very good overview of the original action AND it puts the lie to the many false arguments by the Obot Flying Monkeys about why BHO is either (their words) eligible to hold the office he now occupies OR that it (their words) doesn’t matter that he is not eligible.

    Your understanding of the relation of the U. S. Constitution to We The People will be forever enlightened.

    Actually, Obama’s whole life seems to be nothing but a work of fiction. The man has never shown himself to be Constitutionally eligible to hold the office he now occupies.

    If you’d like to see something from a different point of view, watch the two short videos below which, even though they start slowly and have a bit of fun, contain a wealth of factual data – more than we’ve seen from Obama.

    In fact in the second video a famous senator is quoted speaking about someone that sounds for all the world like “Our Boy” and really strikes a chord.

    Only thing is the senator was the Roman named Cicero speaking in 42 BC – but the message is still very directed and pertinent for all of us:

    Three Little Words

    Merry Christmas OmeriKa!!

  17. 28 tdr March 22, 2010 at 5:23 pm

    Mario Apuzzo’s site:

    I will be filing my reply to the defendants’ brief on or before March 22, 2010.

    That would be today! He will post as soon as he can so we can all read the reply.

  18. 29 tdr March 22, 2010 at 6:20 pm

    A must read article on March 14th:



    For all those who want a great explanation of the political left.

  19. 30 Quantum Leap March 23, 2010 at 12:37 am

    7 freakin lousy semocrat votes… Just 7!
    No support from 80% of Americans.
    No support from Republicans in Congress.
    Just 7 freaking lousy piddly semocrat votes. This can’t be right. This is wrong. This is not about a health bill. This is a rouse to strip people of their constitutional rights. 😥
    As if they can manage even taking the trash out the back of the whitehouse much less run nationwide health budgets.
    Remember, this Administration’s idea of a “system working” consists of frantic airline passengers tackling a terrorist seconds before his underwear detonates. 😦

  1. 1 Time for the States to Act « The Ghostfighters Trackback on March 22, 2010 at 6:56 pm
  2. 2 Traitors and Treason « drkatesview Trackback on March 23, 2010 at 2:06 am
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