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AG to review heath-care bill's constitutionality

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The Indiana Attorney General is going to use one of his little-known authorities to review the constitutionality of the provisions of the recently passed U.S. Senate federal health-care bill.

Attorney General Greg Zoeller announced today his office will conduct the analysis, authorized by Indiana Code 4-6-8-2, on particular provisions of Senate Amendment 2786 to the Patient Protection Affordable Care Act, H.R. 3590. Zoeller is conducting the analysis based on a request from Sen. Richard Lugar, although he received similar requests from U.S. Reps. Dan Burton and Mike Pence.

Attorneys in the AG's office will review the bill's constitutionality and its impact on state government agencies if the current version were to pass. The bill has been controversial because it provides Nebraska with federal funding for expanded obligations that all states participating in Medicaid would have to undertake.

The AG's office will review whether the provision that only funds Nebraska's obligations, but not those of other states, would be constitutionally valid.

A report will be provided to the congressional delegation and their legislative staffs in time for the House-Senate conference committee negotiations in Congress, according to the AG's office.

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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