Conway Refuses To Join Lawsuit
KY AG Jack Conway (D) is wading into the health care debate, announcing Tuesday he will not file a lawsuit against the federal government in trying to refuse the legislation.
"I do not intend to use my authority as Kentucky Attorney General to sign our Commonwealth onto a health care lawsuit against the federal government, because I will not waste taxpayer dollars on a political stunt," Conway said in a statement provided to Hotline OnCall.
Earlier today, Sec/State Trey Grayson blasted Dems in Congress for passing health care, "despite overwhelming and bipartisan opposition."
Grayson continued, "Fortunately, there is still an opportunity to prevent this intrusion into our lives as more than a dozen states have declared their intent to challenge this law in court. Today I call on Kentucky Attorney General Jack Conway to join in this effort and file suit against the federal government for the unconstitutional overreach of its authority with the passage of this health care legislation."
"Trey Grayson's gimmick may be good 'tea party' politics, but it's based on questionable legal principles," Conway said.
Health care is bleeding into the race to replace Sen. Jim Bunning (R) in a big way -- Grayson's primary opponent, Rand Paul (R), raised $100,000 in 12 hours today as a response to the passage of health care.
It's also a big player in Conway's Dem primary against LG Daniel Mongiardo, and it's an issue Conway believes he needs to overtake Mongiardo in state polling. Conway has more money in the bank than Mongiardo and was expected to be the nominee, but until now he hasn't engaged Mongiardo as forcefully as he is over health care.
Mongiardo has said he would have voted against the Senate bill but for the House bill that passed in November. He also is well-informed on the issue as a doctor, and he says frequently that if elected, he'd be the only Dem doctor in the Senate.
Conway needled him today: "I find it ironic that Daniel Mongiardo -- who would have voted against health care reform and believes we should 'stop and start over' -- would choose to align himself with Trey Grayson, Rand Paul and the right-wing extremists who are following Mitch McConnell's lead in opposing progress on health care. This is an historic moment, and as a Democrat, I am proud to stand up to those who prey on voters' fears, rather than appeal to their hopes."
I am not a right wing extremist but I know a bad deal when I see one and this is one. I will contribute to the candidate that you run against in the general election if you make it that far, which I don't think will happen. So just keep doing your usual poor liberal minded job as Ky AG and you will soon be unemployed like a lot of other democrats.
You say " Health care is bleeding into the race to replace Sen. Jim Bunning (R) in a big way -- Grayson's primary opponent, Rand Paul (R), raised $100,000 in 12 hours today as a response to the passage of health care. "
Actually, it is up past $200,000 at this point, just FYI.
I'm not sure if the federal courts are the way to fight this. We may want to fight this by passing state laws as most states have done for marijuana and the real id(that has been in limbo for two years because of states fighting with their own laws). That being said I personaly have decided to fight all unconstitutional laws with civil disobedience starting with the 2010 census.
Rand raised over a quarter million! Wow! Also, a slight technicality, this money bomb had been planned for a month, and Rand probably would've raised this month with or without the healthcare passage. Thanks for the article though.
my applause to Conway for not wasting taxpayer money!
Kudos to Conway for acting like a grown-up. Has the Tea-per Tantrum crowd considered holding their collective breaths until the health care reform is repealed, overturned, called into a "do-over," or whatever action oblivious to legal precedent they want?
I suggest the breath-holding, with as much persistence and disregard to facts and/or sense that they've displayed so far.
Look, a majority of Congress voted FOR the health care bill. A majority of people in this country want and need this bill, which is at least a start. The United States is the ONLY major industrial nation that does NOT provide its people with health care. Members of Congress have fabulous health care, which WE, the people, pay for with our taxes. This country seems to have enough money to fight wars, help other nations, and buy into needless pork projects. We can find the money for health care. Also, it is time the GOP comes up with some ideas other than more tax breaks for the very wealth. Ye gods, people, do you actually read and think about issues rather than having some knee jerk reaction to what some pundit claims? Perhaps watching something other than FOX news would help.
I hope more republicans join the fight against being decent humans so their party will be crushed into oblivion and the democrats can become the new "right wing" party.
You people won't be happy until you kill all the minorities and poor, and you deserve to be marginalized and unrepresented with your worthless hate and shitty policies.
Burn in hell, GOP scumbags!
"That being said I personaly have decided to fight all unconstitutional laws with civil disobedience starting with the 2010 census. "
YES!
Dear republican losers full of hate and who want to watch other Americans go bankrupt and die young: IGNORE THE CENSUS! PLEASE!
@Steve - I don't know what version of the constitution you Tea Party guys are using, but the one I was brought up on specifies a census in Article 1 Section 2. That said, we have a long and distinguished history of civil disobedience in this country, and if you're willing to pay the penalty I'm willing not to have you and Michelle Bachmann counted.
The census is unconstitutional? What a joke! It is a requirement called for by the writers of the constitution! How can this be unconstitutional?
Looks like Conway is the sleazy one here trying to make political points. He's the one defending welfare for the private insurance industry against all those who criticize that, regardless of their motives, and trying to smear his opponent by claiming he's associated with those with mixed or bad motives. Conway is the incumbent AG though, and a lot of us learned a long time ago you can't trust a prosecutor: Right wing courts in the US right up to the Supreme Court have said they are allowed to engage in all manner of lying and deception to win. So he probably can't help himself.
The census is unconstitutional? Did you guys get those new Texas schoolbooks? The lack of education on the Right is STUNNING.
Further, we now see, once you take out the liberals who don't think it is liberal enough, about 32% that actually oppose the HCR. And as the benefits kick in over the next few months . . . yeah, you guys just keep dreaming that Nov is gonna be big for the GOP. That's like when you guys where telling us Fred Thompson was a lock on being the next President, or Karl Rove DAYS before the election telling us his INSIDE polling had the GOP winning both the Senate and the House. Man I wish I had some swamp land to sell you people.
Good luck with all your crying and tantrums and lawsuits Rs. Werent you guys the ones whose big brilliant idea for the health care bill was LESS lawsuits? You guys are the best though, spouting your fox news talking points and doing the bidding of your coroporate masters like boener and mcconnell who dont give one jack over you and are just protecting insurance company profits. And oh yeah, when you get sick, and you're unemployed because, lets face it, most of you arent very talented, then we all know you will gladly enjoy the benefits of this hard fought and fairly won bill. Just like that anti-govt militia leader guy who told everyone to throw bricks BUT GETS HIS MONTHLY SOCIAL SECURITY CHECK FROM THE GUB'MENT, YES HE DOES. Hahaha losers.
So let's see what are you righties goint to run against:
1) Repealing the part about outlawing pre-existing conditions for children & adults
2) Allowing your "kids" to stay on your insurance until they are 26
3) Closing the "donut hole" for Senior Citizens regarding their prescription drug coverage
4) Repealing the part about outlawing insurance companies to drop
Even I don't think your supporters are that stupid. Then again, I could be wrong.
I live in the south, folks here are stupid and insane.
As a westerner, I'd like to thank all you KY residents for keeping us laughing.
Steve Kaiser: Civil disobedience by ignoring the census? Right on.. way to cut your own throat! Census numbers provide the basis for congressional distsrict setting and federal $$ allotments. I hope all KY reds ignore the census as that just means more seats in congress and more dollars, for the rest of us.
John durnil: any statement that begins "I'm not an extremist..." is typically read to mean "I AM an extremist, but I'm trying to hide it." For that matter, you can replace "extremist" with "racist" "bigot" or "homophobe" and the same disclaimer holds true -- if you have to first claim you aren't such a person before making extremist/racist/bigoted/homophobic statements, you are just lying to yourself because the rest of us can see the truth behind your claims.
Who in the heck even knows whats in the BILL.You have the President and Kathleen Sebelius tell the American people No Tax Payers will pay for abortion. Then why is he signing an executive order so it won't happen. This bill is a Liberty Killer. Who know what other lies he has told us to get this passed. I guess we will find out sooner or later.
Hey Blair, please explain how this bill is a "liberty killer"? Or are you just saying that because Glen Beck said it? Last time I checked, abortion is LEGAL btw.
"That being said I personaly have decided to fight all unconstitutional laws with civil disobedience starting with the 2010 census."
Well, you're an idiot then.
The Constitution lays out the census requirement. Apparently you only pay lip-service to supporting the Constitution. You must be a republican.
You're also cheating yourself out of your fair allocation of Federal government funding for various projects in your area.
Why is it that the RNC has been so successful in convincing people to vote against their own interests?
The south pays the least into the entitlement programs (via taxation) yet it pull the most out of the system.. yet they've been convinced by the RNC that they're getting cheated by the Government's allocation of their tax revenue.
Note To Steve-
The Census is REQUIRED by the Constitution.
You might try a basic course in civics before you go on your civil disobedience schtick.
Polling, post vote, is already out. Support for the bill has already swung over 10 points. The conservative media has been cherry picking the polls for months. They stopped polling on the reasons for support and opposition of the bill so they could group the right wing opposition in with the progressive opposition because the bill didn't go far enough.
The Americans want their representatives to get things accomplished and the polling proves this.
This is why the Republicans are doing everything they can to not get any work done.
This is what makes the Republicans terrified. They're bed-wetting scared of the Democrats making any progress because it only makes the Dems stronger. The republicans have the benefit of hating government so they have no compunction about not doing their jobs. They see causing chaos in the government as a virtue.
This is what you get when you hire someone based on their declaration that they hate their employer. If you were in HR at a corporation, would you hire a manager who outlined their plan to tear down the company once they're hired? That's lunacy but it works for the Republican masses.
The Dems have momentum and the more they accomplish, the better they'll do this fall. The current republican position.. that they're no longer pretending they want to govern will loose them the sane independents again, guaranteed. They can't win with the 24% of Americans that believe Obama might be the anti-christ.
As a retired teacher, I am appalled at the ignorance of so many concerning history, law, and civility. God help us all.
Q. Who in the heck even knows whats in the BILL.
A. Anyone who wants to read it: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=111_cong_bills&docid=f:h4872eh.txt.pdf
And it's less than 150 pages, so I don't want to hear any excuses about the length.
Oops, that was the reconciliation bill. The main bill is at http://www.opencongress.org/bill/111-h3200/text
Ugh, that was the house bill. Here's the real one http://thomas.loc.gov/cgi-bin/query/D?c111:5:./temp/~c111fOSBQi::
Steve Kaiser above re: the unconstitutional census. YOU....ARE...AWESOME.
Ever actually read the Constitution?
Article 1, Section 2 (dealing with the make-up of the house)
Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct.
enu·mer·ate
Pronunciation: \i-ˈn(y)ü-mə-ˌrāt\
Function: transitive verb
Inflected Form(s): enu·mer·at·ed; enu·mer·at·ing
Etymology: Latin enumeratus, past participle of enumerare, from e- + numerare to count, from numerus number
Date: 1616
1 : to ascertain the number of : count
2 : to specify one after another : list
Just for the record... the census IS constitutional. But you are not required to give ANY information except how many people are in your household. If you give more information than that you are truly stupid.
While virtually unprosecutable, the notion that you are not required to fill out all 10 questions on the form is utter and total nonsense and failure to do so is punisable by fine of no less than $100 and no more than $500.
United States Code, title 13, section 221
(a) Whoever, being over eighteen years of age, refuses or willfully neglects, when requested by the Secretary, or by any other authorized officer or employee of the Department of Commerce or bureau or agency thereof acting under the instructions of the Secretary or authorized officer, to answer, to the best of his knowledge, any of the questions on any schedule submitted to him in connection with any census or survey provided for by subchapters I, II, IV, and V of chapter 5 of this title, applying to himself or to the family to which he belongs or is related, or to the farm or farms of which he or his family is the occupant, shall be fined not more than $100. (b) Whoever, when answering questions described in subsection (a) of this section, and under the conditions or circumstances described in such subsection, willfully gives any answer that is false, shall be fined not more than $500. (c) Notwithstanding any other provision of this title, no person shall be compelled to disclose information relative to his religious beliefs or to membership in a religious body.
So, you have the text of the relevent laws. Anyone else want to claim that you don't have to answer all the questions or that the census is unconstitutional? I actually hope that census takers note the addresses of folks who refuse and the Gub'ment can then issue fines. Failure to pay a fine can lead to property leins or even jail time. Enough with the psuedo-constitutional ravings!!!
I Just want to let everyone know that not everyone from KY is insane. It truly is sad that we have to deal with such ignorance on a daily basis. Such hate. Such malice. I really do think it comes from a lifetime of not being heard. with no education and no one listening, sometimes the best way to make yourself known is to shout "fire" in an empty theater. Even whilst that "fire" helps millions of your fellow man. I wonder what they would say if Obama had an R next to his name?
For the love of pete, I hope Conway defeats Bunning or McConnell and gets one of those two OUT of there.
I have to say this ad, in the latest rounds of ads, confuses me. Jack Conway stated he was against the Healthcare bill unless the Nebraska compromise was removed and a provision for bulk purchasing in Medicare was added. In one of Mr. Conway’s own press releases he states: “Allowing Medicare to negotiate lower drug prices for seniors is a promise that has been made repeatedly to the American people in the 2004, 2006 and 2008 elections, but leaders in the Senate have not committed to repeal the provision as part of the current health care bill.” Is he now for the Healthcare bill without this prevision? He makes a very persuasive case for a bulk purchasing provision and then decides against it? The day the legislation passed he was on TV stating his objections. The day after it passed he was praising its passage. Very confusing.
Well I have had enough. I refuse to follow laws that have no Constitutionality. Starting with the 2010 Census in which nine out of the ten questions are unconstitutional. If the federal government wants to know whether I have a loan on my house or own it free and clear than they need to show me in the Constitution where it says I have to tell them. They can fine me or even send me to jail but I won't be the only one saying give me freedom or give me death because I will die trying to resurrect the U.S. Constitution.
Dear republican losers full of hate and who want to watch other Americans go bankrupt and die young: IGNORE THE CENSUS! PLEASE!
I didn't ignore it I filled out a head count which is all required by the Constitution so if you feel that it's the governments business what your gender and ethnicity is or if you have a home equity loan out on your property then go right ahead and tell them.
For your information I am A libertarian who is more liberal than a Liberal on matters of personal liberty, and who is more conservative than a Conservative on matters of economic autonomy.
Also for your information I would assume they do know where I stand since it was published in Tue edition of my local paper and I sent a note along with my census form explaining why.
Oh Steve...
Miss the part where the constitution says, "in such manner as they by law direct."? Congress approved the questions.
You can try to claim some moral high ground here but your Constitutional argument makes you a moron. Congrees is EXPLICITLY given the right to pass laws as to how and in what manner the Census is taken. When Congress approved the 2010 census they approved the manner of data required in the 2010 census. You are Constitutionally REQUIRED to answer the questions. There isn't even a legal gray area here.
so your view "in such manner as they by law direct."? would essentially give congress cart blanch to ask any question they want .So if congress asked for your savings account balance or your outstanding debt on any credit cards you would find this Constitutional and answer it.No wonder we have such a powerfull federal government and such weak people.
Ok maybe it is just a moral high ground.As I stated fine me or sent me to jail but They have no need to know whether I have a loan on my house at least not throught the census.
Questions Asked on the 1790 Census
Name of the head of each household.
How many free white males age 16 and older.
How many free white males under age 16.
How many free white females.
How many of all other free persons.
How many slaves.
It was highly debated what questions to ask and it wasn't till the 1810 census when James Madison got his way that it was expanded to more than an enumeration.And guess what it has been debated ever since.While you may feel the government should be able to ask what ever they want.So you can call me a moron but relize the majority of the founders thought as I do.
Americans of the liberal persuasion are happy to make us all serfs. They've been schooled well to be good little Maoists. And they're really, really, really bad at math.
fire both ky's ag and gov
The health care bill is unconstitutional because the federal government cannot mandate that in order to be a United States citizen you must purchase a product or a service. If the supreme court finds that it is constitutional (which it isn't) then the government controls all. They can force you to buy anything. Why would we want to open that pandora's box?
fire Jack Conway (D) vote him out, donate money to fight this obamacare
Great article, I especially like what you had to say in the last paragraph.