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[Basil Fishbone]

This is SB 161. Yeah!


http://billingsgazette.com/news/state-and-regional/montana/article_3ad69052-2997-11e0-ad5c-001cc4c002e0.html


Montana Senate moves to undermine federal health care


Associated Press The Billings Gazette | Posted: Wednesday, January 26,

HELENA — The state Senate is advancing two Republican measures aimed at undermining federal health care reform.

One measure tells the attorney general to join an ongoing lawsuit from other states challenging the federal law, despite objections that plan could run up against the state Constitution by trying to give an order to the attorney general.

The other bars the state from implementing the federal requirement to purchase health insurance. ...<snip>...

 

[freewoman]

I wonder what the phrasing is in the state Constitution that prohibits the congressional body from giving a direct order to the attorney general?  Sounds like a "separation of powers" thing, since the attorney general is usually considered to be in the executive branch.  I don't see why the state Congress couldn't make a recommendation to the Attorney General, with a promise to back him/her up in standing against the feds. 

From what I've read of the lawsuits and impending laws from various states, the main conflict will occur when states rule (as several already have) that their citizens should not be required to purchase insurance against their will.  Another 10th amendment battle looming.  But then, many of us knew that was coming when the friggin' healthcare law socialist mandate was signed.