The Constitutional Challenge to Health Care

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.

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."

In our amicus brief, we argue that Congress cannot assert its power to regulate commerce among the states to force individuals to purchase health insurance, even if Congress can rationally find that the fact that some people choose to be uninsured substantially affects the interstate markets for health insurance and health care.  Congresss attempt to force people to buy health insurance is unprecedented; never before has Congress asserted a power to coerce people to enter into commercial transactions.  As the Supreme Court has made clear, there are limits to Congresss power to regulate commerce.  One of those limits is that the power is limited to economic activity.  To be engaged in commerce - which, after all, is what Congress is given the power to regulate - one must actually be doing something.  No Supreme Court case supports the notion that Congress can coerce commercial activity where none exists.

"Interpreting the Commerce power in this case to enable Congress to force American citizens to purchase health insurance would place Americans' economic liberty in serious jeopardy," the brief states.  "There is no principled basis for limiting such power to health insurance purchases because every purchasing decision may have a rippling effect on interstate commerce."

If Congress can force people to purchase health insurance, then the universe of commercial transactions Congress could compel would practically be limitless.  For example, Congress could rationally find that selling more GM and Chrysler automobiles is necessary to ensure that its bailout of GM and Chrysler would succeed.  Under the reasoning that would allow the individual insurance mandate, Congress could require all Americans above a certain income level to buy a GM or Chrysler automobile.  Likewise, Congress could rationally find that lack of exercise contributes to poor health, which increases health care and health insurance costs and thus threatens Congresss attempt to regulate the health care and health insurance markets to lower those costs.  Under the reasoning that would allow the individual insurance mandate, Congress could require Americans to purchase health club memberships.

We filed our brief in U.S. District Court for the Eastern District in Virginia in Richmond on behalf of 28 members of Congress and more than 70,000 Americans who oppose the individual insurance mandate in the recently passed federal health care law. 

The members of the U.S. House of Representatives of the 111th Congress include:  Paul Broun, Todd Akin, Rob Bishop, John Boehner, Michael Burgess, Dan Burton, Eric Cantor, Mike Conaway, Mary Fallin, John Fleming, Virginia Foxx, Trent Franks, Scott Garrett, Louie Gohmert, Bob Goodlatte, Jeb Hensarling, Walter Jones, Steve King, Doug Lamborn, Robert Latta, Michael McCaul, Cathy McMorris Rodgers, Jerry Moran, Mike Pence, Jean Schmidt, Lamar Smith, Todd Tiahrt, and Zach Wamp.

We also represent the ACLJ's Constitutional Committee to Challenge the President & Congress on Health Care consisting of over 70,000 Americans from across the country who oppose the individual mandate.

In our brief, we state our dedication to the founding principles of limited government and assert in the brief that "the Commerce Clause contains boundaries that Congress may not trespass no matter how serious the nations healthcare problems."  We argue stronglly that "the individual insurance mandate provision . . . exceeds any power granted under the Commerce Clause."

We also argue that the health care law would put a financial burden on states which will incur significant costs to implement a law that may be declared unconstitutional.

Our brief urges the federal district court in Richmond to deny a motion by the federal government to dismiss Virginia's lawsuit challenging the health care law.

You can read the amicus brief in Virginia v. Sebelius here.

We our preparing our own federal lawsuit directly challenging the individual mandate provision.  We are expected to file that lawsuit in the days ahead.  We will keep you posted.