[aum] Kansas vs. U.S. appeal-CS mandate
- On December 7th Federal Judge Richard Rogers dismissed the State of Kansas
right to preceed with a lawsuit against the United States over the Federal
Mandated New Hires Directory and the other aspects of the recent Federal Child
Support Enforcement Mandates, such as Computer Data Bases.
Case # 97 4256RDR
The State has filed an appeal with The 10th Circuit Court of Appeals in
Attorney John Cambpell of the State of Kansas
argued, on September 18th, that the Lawsuit had merit and should be heard.
Attorney Vickie Rosenthal of the Dept of Health and Human Services,
representing the United States, argued that since Kansas passed the
legislation and no monies were being withheld from the state of Kansas, there
was no harm to the State.
The State Legislature was blackmailed into passing the Federal Mandates by
possible loss of Federal assistance for Child Support Collection. Initial
estimates were $5 million loss if Kansas was found to be noncompliant. The
Social Service Agency kept increasing the possible loss, until close to three
months into the legislative session numbers of $20 to $40 million loss were
Some legislators called the bill Constitutional pornography. Others stating
that a yes vote would violate their oath to uphold the State and U.S.
"It represents an intolerable imposition on individual liberties."
Hope some of the 10th Circuit feels the same way as Chief Justice William H.
Rehnquist, <snip> below from NCFC-Network post
<Rehnquist: Too Many Offenses Are Becoming Federal Crimes
<By Roberto Suro
<Washington Post Staff Writer
<Friday, January 1, 1999; Page A02
<Demanding a fundamental change in the nation's crime-fighting strategy,
<Chief Justice William H. Rehnquist yesterday called on Congress to halt the
<politically popular practice of enacting federal laws against an
<ever-greater number of crimes once handled in state courts.
<The chief justice was unusually blunt in questioning the motives behind
<recently enacted statutes that have made federal crimes out of misdeeds
<ranging from carjackings to failure to pay child support.
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