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A dozen State Attorney Generals are already lined up to sue over Obama/Pelosi Health Care Reform.


The health care reform fight isn’t over. It’s just changing venues.

Now that the House, in a historic vote, has passed the Senate’s bill and sent it to the president’s desk, state lawmakers and attorneys general already are lining up to challenge its constitutionality and wage an outside-the-Beltway war against it in the courts.

Virginia Attorney General Ken Cuccinelli was the first to announce Monday that he will file a legal challenge — as soon as Obama signs the bill.

Florida Attorney General Bill McCollum also plans to announce Monday morning that he and top prosecutors from nine other states are filing a lawsuit to “protect the rights” of the American people from the bill.

They are expected to sue over the bill’s mandate that requires everyone to buy health insurance.

“The health care reform legislation passed by the U.S. House of Representatives this last night clearly violates the U.S. Constitution and infringes on each state’s sovereignty,” McCollum said in a statement.

The lawsuit will be the first post-passage shot in a legal fight that’s been brewing for months.

While some Republicans have threatened to pursue repealing the legislation down the road, the most immediate challenge will take place in the courts.

At least three dozen state legislatures are considering proposals to challenge the federal legislation. Some are pursuing amendments to their constitutions by ballot question; others are looking to change state law.

Idaho Gov. C.L. “Butch” Otter recently became the first governor to sign state legislation requiring the state attorney general to sue the federal government over the mandatory coverage clause.

Constitutional lawyers have questioned whether such a lawsuit could be successful, since federal law trumps state law. But opponents are looking to get around that by questioning the law’s constitutionality.

McCollum is joining with attorneys general from South Carolina, South Dakota, North Dakota, Alabama, Washington, Pennsylvania, Utah, Texas and Nebraska.