UPDATE; Tennessee AG Will Not Join the Other 14 States Sueing Over Obamacare-Says Challenges Are Unconstitutional

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Here’s some updated info I just learned about late tonight, thanks to a friend in the Tennessee Town Hall forum:

Hey Mike, HB 3433 was filibustered by Rep Naifeh in the Commerce Committee this morning…they voted to adjourn to next week (not sure date and time as yet) to stop him. He was claiming the above comment by Cooper and began reading the letter by him including semi-colons etc. Not sure, but parliamentary procedure may have him talking and talking and talking next week when they reconvene. Rep Favors also tried to block this bill this morning. Next week, at this meeting, we need to all be there again with power to demand they pass this bill…..phone calls continue. Apr 15 Tn Tea Party is holding Tax Day Rally at Municipal Aud all day and we will march midday to Capitol to hear some of our legislators speak to this issue. (Still working the details of this).

I can not believe our AG is saying these challenges are unconstitutional. Well this just goes to show our AG doesn’t know what he’s talking about. The “supremacy clause” is not valid if a federal law isn’t one of their 17 enumerated powers, because therefore they don’t have the authority to enforce such a law. I can’t believe a man in that position said this. Even I know the supremacy clause isn’t relevant with this bill. At least 14 other States know it and may save the day for us and then the Bob Cooper will have egg on his face. Attorney General Bob Cooper 1-(615) 741-3491

AG says challenges to health care law unconstitutional

An opinion issued Tuesday by Tennessee Attorney General Bob Cooper said legislation introduced to block health care reform legislation,
commonly derided as “Obamacare,” is unconstitutional.

Cooper will not be joining 14 other state attorneys general in lawsuits to block the controversial health care law passed recently by
Congress. It also means tea party protestors aren’t likely to stop
coming by his office and shouting anytime soon.

The opinion (read it here) states, “A court would likely determine that SB
3498/HB 3433 and HJR 745 are preempted by conflicting provisions of the
federal Patient Protection and Affordable Care Act.” In laymans terms,
that means it’s unconstitutional.

Furthermore, the opinion states, “Congressional power to preempt state law arises from the Supremacy Clause of the United States
Constitution. The Supremacy Clause provides that the laws of the United
States ‘shall be the supreme law of the land; and the judges in every
state shall be bound thereby, any thing in the Constitution or laws of
any state to the contrary notwithstanding.’ ”

States whose attorneys general have a differing opinion and are filing challenges include Florida, South Carolina, Nebraska, Texas,
Utah, Louisiana, Alabama, Michigan, Colorado, Pennsylvania, Washington
State, Idaho and South Dakota. The suing attorneys general are all
Republicans except James “Buddy” Caldwell of Louisiana, who is a

In contrast, pro-health care reform attorneys general are going on the offensive in places like Oregon and Ohio, while the AGs in Georgia
and Kentucky have refused requests from their governors to fight the

Nashville City Paper


Gallup – 51% of Tea Party supporters are either Independents or Democrats Not Fringe Right


Well, well, well, what do you know, after the media pounding into our heads that the Tea Party people are from the “fringe right” we find from a Gallup poll that 51% are either Independents or Democrats…….who would have thunk it?

Gallup – 51% of Tea Party supporters are either Independents or Democrats

Yesterday the Winston Group polling found that 41% of Tea Party members are either Independent or Democrat. Today, Gallup while trying to turn the Tea Party into some sort of class warfare finds that 51% of those who support the Tea Party are either Independents or Democrats!

Somehow though, even with their own results right in front of them, Gallup states that the Tea Party supporters are decidedly

Republican and conservative in their leanings. Also, compared with average Americans, supporters are slightly more likely to be male and less likely to be lower-income.

While the fact that most Tea Party Members certainly aren’t liberal or progressive, how does Gallup come up with the fact that most supporters are Republican? 49% of Republicans polled support, 51%, a larger percentage is either Independent or Democrat. Maybe that’s some sort of new progressive biased math I never learned. ( I’ll add my 2 cents worth here….the reason they say the majority are Republicans is because of course their not adding Democrats with Independents together and are looking at the figures individually. So I guess you can look at it either way…..but you have to admit 51% being Independent or Democrat is an interesting viewpoint, along with being a truthful one. Far from “fringe right” it appears to me.)