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Marc Ambinder

Marc Ambinder - Marc Ambinder is the White House correspondent for National Journal and a contributing editor at The Atlantic. More

Marc Ambinder is the White House correspondent for National Journal. He previously served as the politics editor, and is now a contributing editor, for The Atlantic, where he curated the influential Politics channel on TheAtlantic.com and contributed to the magazine. He was also a chief political consultant to CBS News. Earlier, at NJ's Hotline, Ambinder was the founding editor of "Hotline On Call," a pathbreaking political news blog. He also worked as a producer and reporter for the ABC News Political Unit and was one of the founders of ABC's "The Note." Born in New York City, raised in Central Florida, Ambinder is a 2001 graduate of Harvard and lives in Washington, D.C.

No Case Citations in Florida Health Care Lawsuit

By Marc Ambinder
Mar 23 2010, 1:31 PM ET Comment

Reading through the complaint filed by 13 state attorneys general, against the health reform legislation, reader @calchala was struck by something that wasn't there: the lack of any specific case citation to buttress the underlying claim that it is unconstitutional for the federal government to impose on individuals a mandate to buy health care and to punish those who don't by levying a fine.  Here's the official language:

The Act represents an unprecedented encroachment on the liberty of individuals living in the Plaintiffs' respective states, by mandating that all citizens and legal residents of the United States have qualifying healthcare coverage or pay a tax penalty. The Constitution nowhere authorizes the United States to mandate, either directly or under threat of penalty, that all citizens and legal residents have qualifying healthcare coverage. By imposing such a mandate, the Act exceeds the powers of the United States under Article I of the Constitution and violates the Tenth Amendment to the Constitution.  In addition, the tax penalty required under the Act, which must be paid by uninsured citizens and residents, constitutes an unlawful capitation or direct tax, in violation of Article I, sections 2 and 9 of the Constitution of the United States.

The plaintiffs here are being assisted in their defense by two members of the Washington legal establishment, David Rifkin and Lee Baker of Baker Hostetler, a white shoe firm in the Beltway.


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