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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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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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