Lawsuit and Repeal Efforts Move Forward After Pro-Abortion Health Care Passes

National   |   Steven Ertelt   |   Mar 22, 2010   |   9:00AM   |   WASHINGTON, DC

Lawsuit and Repeal Efforts Move Forward After Pro-Abortion Health Care Passes

by Steven Ertelt Editor
March 22
, 2010

Washington, DC ( — With the House passing the pro-abortion health care bill Sunday night and President Barack Obama pledging to sign it into law on Tuesday, pro-life groups, state attorneys general and Republican lawmakers are moving forward with plans to file lawsuits against the bill and repeal it in the next Congress.

Once Obama signs the bill into law, the lawsuits will begin from all corners.

Attorneys General from Florida, South Carolina, Nebraska, Texas, Utah, Pennsylvania, Washington, North Dakota, South Dakota and several other states have already announced plans to file suits against the health care law.

"The health care reform legislation passed by the U. S. House of Representatives this evening clearly violates the U.S. Constitution and infringes on each state’s sovereignty," Florida’s Attorney General Bill McCollum announced. "If the President signs this bill into law, we will file a lawsuit to protect the rights and the interests of American citizens."

Leading pro-life groups will join them as officials from the American Center for Law and Justice are already preparing suit.

“This health care package fails the American people and does not provide permanent protections for the life of the unborn,” Jay Sekulow, the ACLJ chief counsel, told today.

“This flawed health care package may have passed – but it is far from being implemented," Sekulow explained.

"We’re preparing legal action to challenge this measure and intend to file a lawsuit in federal court soon challenging a law that is not only wrong for America – but a law with a forced mandate that penalizes Americans who choose not to participate. That is unconstitutional and we believe ultimately will be overturned by the courts," he added.

Although pro-life advocates have not replaced the pro-abortion members who voted for the health care bill, the move to repeal the legislation is already underway.

Congressman Steve King, a pro-life stalwart from Iowa, has introduced a bill to repeal the upcoming law.

“Today the work begins to repeal Obamacare and restore the principles of liberty that made America a great nation," he told

"The American people must take their country back by methodically eliminating every vestige of creeping socialism, including socialized medicine. The Pelosi Democrats will pay a price for their overreach. This fight is far from over," he added.

Burke Balch, the head of the medical ethics department at National Right to Life, tells the good news is that some of the worst provisions don’t go into effect immediately, so there is time to repeal the law.

"The silver lining to this very dark cloud is that the most onerous rationing elements of the Obama health care law will not go into effect until 2015 — well after the next presidential election," he said.

Balch says for any repeal to be effective, three things are essential.

"The President who takes office in 2013 would have to be someone who would sign a repeal," he explains. "Theoretically, a two-thirds majority of both Houses committed to repeal could accomplish it even over a presidential veto, but achieving such numbers would be extremely difficult."

"As a result of the 2010 and 2012 Congressional elections, a majority of those in the 2013 House of Representatives must support repeal," he adds.

And he notes that 60 senators must be present to back a repeal over a filibuster, so that is essential as well.

"While most observers expect gains by opponents of Obamacare in the election of Senators in 2010, a shift to a majority in support of repeal may not be achieved. However, in 2012, only 10 or 11 opponents of the law will be up for re-election, compared to either 23 or 24 Senators who voted for it standing for re-election," Balch notes.

As bad as the law is, Balch says the pro-life movement "must not despair."

"Rather, the pro-life movement must devote itself over these critical years – 2010 through 2012– to ensuring that the American people are given the facts needed to counter the placating misinformation the Obama Administration and its apologists in Congress and the press are already spreading," he concludes.

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