• The Heritage Network
    • Resize:
    • A
    • A
    • A
  • Donate
  • Law Suits Threatened Over Obamacare

    The chorus of concern that an individual mandate forcing Americans to purchase health insurance is at a crescendo. The Attorney General of Florida, Bill McCollum, yesterday requested, in a letter, that other state Attorney Generals join him in “a full review of the individual mandate.” McCollum writes “serious doubts have been voiced whether the individual mandate is grounded in one of Congress’ enumerated powers. For example, if the individual mandate is treated as a fine on a person for conducting no activity at all, it may not fall within the scope of the U.S. Constitution’s Commerce Clause. If the individual mandate is treated as a tax, the nature of that tax may limit how the revenue provision is viewed under the U.S. Constitution’s Taxing Power.”

    This is an indication that many States are concerned that the Federal Government is overreaching and violating the constitutional rights of citizens. The New York Times reports, “Mr. McCollum’s stance places him in line with the attorneys general of South Carolina and nearly a dozen other states who have also threatened to sue over the mandate.” The bill is yet to be signed into law and many Members of Congress are threatening to introduce legislation to repeal Obamacare and lawyers are lining up to challenge the constitutionality of the legislation.

    The issue of whether the individual mandate is constitutional is a new front against Obamacare. The NYT reports “The Heritage Foundation, for example, posted a lengthy legal analysis on Dec. 9 that argued that Congress had specific, limited powers that did not include ‘the distinct constitutional power to compel persons to purchase a contract of insurance from a private insurance company.’ That report said that the federal health insurance requirement differed from mandates requiring that drivers be insured because auto insurance is connected to the choice to drive.”

    Although ObamaCare seems to be close to the goal line, many are saying the health care fight is not over yet. Either the House or the Senate, or both, need to make significant compromises before this bill can get to the President’s desk. With all the threatened lawsuits over the individual mandate, maybe this will become a hot issue during negotiations over the final version of the health care reform bill.

    Also see:

    Senator Orrin Hatch’s (R-UT) speech at The Heritage Foundation.

    Hans Von Spakovsky’s analysis at NRO Online.

    Brian Darling at Big Government.

    Posted in Obamacare [slideshow_deploy]

    14 Responses to Law Suits Threatened Over Obamacare

    1. Whicket Williams Kin says:

      If you are interested in causing a change in the 2010 midterm election, contact me @ ww77651@aol.com

    2. Dustin Whitmire, Tex says:

      Finally, some teeth in the fight against the constitutionality of this bill – unfortunately, only after the liberals are up in arms about being forced to buy from their hated insurance companies (now that the public option seems dead).

    3. Pingback: Health Care Updates | thelobbyist

    4. Bobbie Jay says:

      And may the judge be a judge of honor and dignity through the eyes of acknowledgement of American principles, to hereby live, as accustomed by the rules and law under the constitution of America.

    5. Paullette, Wisconsin says:

      The bill is a lemon! All that is left is a device for the government to pick the pockets of the states big time! The knotty mess is a waste of time, energy, money, — Do the Right Thing; Listen to the American People — start over and reform step-by-step in an honorable ethical American way.

    6. Pingback: Lawsuits on the Way for Obamacare.... - Politics and Other Controversies - Democrats, Republicans, Libertarians, Conservatives, Liberals, Third Parties, Left-Wing, Right-Wing, Congress, President - City-Data Forum

    7. Pingback: Lawsuits on the Way for Obamacare.... - Politics and Other Controversies - Democrats, Republicans, Libertarians, Conservatives, Liberals, Third Parties, Left-Wing, Right-Wing, Congress, President - City-Data Forum

    8. CWH, Colorado says:

      I wonder about other aspects of the senate bill as well. It seems like setting up a Commision that cannot be reversed by future congressional bodies would be unconstitutional. If the law has unintended consequences and ends up hurting people, the congress should be able to respond ad change the law.

    9. Rich Burchill, Ralei says:

      The Dems passed the Senate HC bill–great! Now, if we can just get Life Insurance Reform I'll be happy. I'm thinking $1MM face value for all inhabitants w/in our borders, no premiums (or 100% subsidy of premiums), all causes of death covered (including being blown to bits by a man-made disaster creation specialist), riders to cover papercuts and shaving accidents…oh, and to make it deficit neutral we'll just need a 25% surtax on the Adjusted Gross Income of all Nebraskans. If you could have 3,296 pages on my desk by the State of the Union, that'd be great.

    10. levotb says:

      Just call 1-800-NORINOS…that's 1-800-NORINOS! I'm referring to the Midterms…(just kidding about the phone #)

    11. J. Riggs, Nevada says:

      It's about time bills passed in congress and passed into law become questioned as to constitutionality. We, the citizens, are being taxed and legislated into oblivion. Yet those on the Left ask for more and more Government intervention.

      At one time the State of Nevada was a conservative state, however, liberals who have destroyed their states, New York, New Jersey, California, etc., have moved in and have changed the political atmosphere. We are being taxed to death and regulated almost to the level of California.

      Where are the conservatives? They must be out there somewhere!!!!

      Please, vote these liberals out of office while there possibly may be a chance to save this great Republic. (You notice I did not say Democracy)

    12. Mike Martin says:

      Why should people be forced to pay for their own health insurance when they can go to the emergency room and get it for free with us paying the bill through increased premiums. Let's defeat Obamacare so we can keep paying the larger premiums to the insurance companies. After all, these companies need the money to pay their executives their multi million dollar salaries and bonuses.

    13. Paula Gutow, Minneso says:

      I contacted Amy Klobuchar and urged her not to vote for this healthcare bill as it is not only unconstitutional it is not right for government to mandate any American citizen to pay for healthcare. Her staff member then mentioned that within their debates they did argue but yet Social Security and Medicare are government mandates.

      Same old politics! I would think that those elected by the people would want to uphold their oath of office as mandated by the Constitution!

    14. Christopher Hessman says:

      Which attrny was asking for people who wanted to join his lawsuit to contact him via a websight. Could anyone help me out on that I want to join the law suite. I want AMERICA TO COME ALIVE!

    Comments are subject to approval and moderation. We remind everyone that The Heritage Foundation promotes a civil society where ideas and debate flourish. Please be respectful of each other and the subjects of any criticism. While we may not always agree on policy, we should all agree that being appropriately informed is everyone's intention visiting this site. Profanity, lewdness, personal attacks, and other forms of incivility will not be tolerated. Please keep your thoughts brief and avoid ALL CAPS. While we respect your first amendment rights, we are obligated to our readers to maintain these standards. Thanks for joining the conversation.

    Big Government Is NOT the Answer

    Your tax dollars are being spent on programs that we really don't need.

    I Agree I Disagree ×

    Get Heritage In Your Inbox — FREE!

    Heritage Foundation e-mails keep you updated on the ongoing policy battles in Washington and around the country.

    ×