The Constitutional Challenge to Health Care

June 9, 2010 03:51

We have filed an important amicus brief – representing members of Congress and more than 70,000 Americans – who are opposed to the federal health care law approved by Congress.

American Center for Law and Justice

Our amicus brief was filed in federal court in Richmond, Virginia in support of the Commonwealth of Virginia’s lawsuit challenging the constitutionality of the mandate forcing Americans to purchase health insurance.

This individual insurance mandate is unprecedented and represents an unconstitutional power-grab by the federal government – a clear violation of the Commerce Clause.  From the very start, a majority of Americans never wanted this government-run health care law.  And most Americans understand that including a provision forcing them – under penalty of law – to purchase insurance is wrong.  We support the legal action taken by the Commonwealth of Virginia and other states that challenge this governmental over-reach.

At the same time, we’re preparing a federal lawsuit directly challenging this troubling provision as well – a lawsuit that will be filed soon.

“Congress cannot pass just any law that seems most efficiently to address a national problem,” the brief asserts. “Every federal law must derive from one of the grants of authority found in the Constitution. This the individual insurance mandate does not do.”


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