Commentary: Health care lawsuits and the Constitution

The Founding Fathers pledged their lives, their fortunes and their sacred honor in creating the United States of America. We don't claim to channel the thinking of the founders beyond what history teaches us. We don't claim to know how they would see the United States of 2010. But we'll bet the founders and some of America's revered leaders who followed them would have smiled in recognition of familiar disagreements.

From the beginning, our leaders have argued constitutional questions. Today in Alaska, invoking the Constitution is a staple in Joe Miller's Senate campaign. Twenty states, including Alaska, have invoked the Constitution in their lawsuit against health care reform.

So far, three federal judges have weighed in on the lawsuit.

So far, we have a split decision, and it's inconclusive to boot.

Most recently, a Florida federal judge has ruled that the states' arguments against mandatory purchase of health insurance and expansion of Medicaid programs raise real constitutional questions and merit a trial.

A Virginia federal judge gave a similar ruling in allowing the suit to continue there.

To read the complete editorial, visit www.adn.com.