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Is to/is not argument on constitutionality of health care law, courtesy Texas congressmen

By Todd Gillman, Dallas Morning News (Trailblazers Blog)

Texas Republicans in Congress are rallying behind state Attorney General Greg Abbott's effort to challenge the constitutionality of the new health care law. He and 12 other state AGs filed a federal lawsuit two days ago.

Today, nine GOP Texans in the House arranged a news conference to show support for the lawsuit, shortly after a pair of Houston Democrats called it frivolous.

"This is the first of many lawsuits and efforts to repeal parts of this law," vowed Rep. Joe Barton, R-Arlington, warning that the law would impose a huge unfunded mandate on Texas - $24 billion over the next 10 years, a figure that Democrats and independent analysts consider wildly inflated.

Rep. Ralph Hall, R-Rockwall, denounced the "bribes" used to entice some Democratic lawmakers to support the bill. Rep. Michael McCaul, R-Austin, also denounced the "sweat heart deals" and the "encroaching federal government."

Rep. John Carter, R-Round Rock, expressed confidence that the Supreme Court will sort it all out and concur that it'd unconstitutional to force people into buy health insurance. "We are a constitutional republic. We are not an autocratic, socialist, European nation," he said.

The event was arranged on short notice by Rep. Michael Burgess, R-Lewisville, to rebut an earlier news conference with Houston Democratic Reps. Sheila Jackson Lee and Al Green. Jackson Lee called the AGs' legal assault "political and frivolous" and an "abuse of the courts." She predicted victory based on Congress' broad constitutional authority under the Commerce Clause to regulate interstate commerce, including health insurance policies, and to impose taxes.

Jackson said she would gather support among Democratic lawmakers and civil rights groups to file briefs opposing the attorneys general.

"The courts will be so crowded with those who will be opposing these motions, that these political lawsuits will have to be drawn down," Jackson Lee said. "There is no other definition for these lawsuits than politicizing, grandstanding and trying to oppose the leadership that President Barack Obama has shown.