Lawsuits are coming out of state attorney general offices claiming that this new health insurance reform is unconstitutional. The Federal government relies on a loose interpretation of the interstate commerce clause to justify passage of so much legislation.
Still, it would not matter if this legislation were unconstitutional if Oregon passed a parallel bill.
We have a history of passing legislation in tandem with what the Federal government prescribes. The Fair Labor Standards Act required a minimum wage and Oregon passed a tougher minimum wage ballot measure that imposed a higher minimum wage rate. It would not matter if the FLSA were repealed because Oregon has had tougher laws on the books for years.
Federal civil rights legislation doesn't even cover small businesses. A company with few employees could still discriminate against patrons. Oregon passed civil rights legislation that applies to all businesses. It would not matter if Federal civil rights acts were repealed because Oregon has tougher laws already in place.
These health insurance reforms are borderline pathetic. As a state, we should have passed many of them years ago to protect Oregonians. Instead of griping about constitutionality of this new health care legislation, let's pass these reforms into law ourselves and codify them at the state level.
Who knows? Maybe we could throw in a public option!