Before the ink dried on the health care boondoggle the Punk just signed into law, fourteen states sprang into action to defend their sovereignty by filing suits in federal court against ObamaCare’s individual mandate.
Thirteen states – Alabama, Colorado, Florida, Idaho, Louisiana, Michigan, Nebraska, Pennsylvania, South Carolina, South Dakota, Texas, Utah, and Washington – filed suit jointly in Pensacola, Florida, citing the “Patient Protection and Affordable Care Act” as an “unprecedented encroachment on the sovereignty of the states” and basing their case on the 10th Amendment.
Virginia’s Attorney General, Ken Cuccinelli, filed suit separately in Richmond, Virginia.
Thanks to the tremendous work of Virginia Campaign for Liberty Executive Director Donna Holt and the tireless lobbying efforts of VA C4L, the “Healthcare Freedom Act” recently passed the Virginia General Assembly and was signed into law by Governor Bob McDonnell. This law effectively declares the individual federal mandate null and void for citizens of Virginia.
The Healthcare Freedom Act has given Attorney General Cuccinelli unique standing on which to base his lawsuit. The Virginia law reads, “No resident of this Commonwealth…shall be required to obtain or maintain a policy of individual insurance coverage….” As the Cuccinelli suit states, “The collision between the state and federal schemes also creates an immediate, actual controversy involving antagonistic assertions of right. Thus far in our history, it has never been held that the Commerce Clause, even when aided by the Necessary and Proper Clause, can be used to require citizens to buy goods or services.”
The federal government, despite boasts to the contrary, knows the individual mandate rests on a perversion of the Commerce Clause that it has been allowed to get away with for far too long.
In addition to action in the courts, states around the country are also voicing their opposition toward this unjust, unconstitutional usurpation of power through legislation. Along with Virginia, Utah and Idaho have signed into law variations of Healthcare Freedom Acts, and similar legislation has been introduced in more than 25 other states!
It is invigorating to see states finally beginning to reassert their sovereignty against the tyrannical powergrabs emanating from Washington, D.C. The momentum will only continue to build as additional states join the fight, but for that to happen, we must remain diligent in spreading the word and continuing to fight for free market health care reforms.
Campaign for Liberty members nationwide have been turning up the heat on their local politicians, demanding they act against the overreaching federal government and its schemes to take away our liberties. Our members continue to collect petitions, testify before committees, and hold their elected officials responsible for their actions.
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Also, Judge Andrew P. Napolitano in an interview with Newsmax.TV says ObamaCare is unconstitutional because it amounts to “commandeering” the state legislatures for federal purposes, which the Supreme Court has forbidden as unconstitutional:
“The Constitution does not authorize the Congress to regulate the state governments. Nevertheless, in this piece of legislation, the Congress has told the state governments that they must modify their regulation of certain areas of healthcare, they must surrender their regulation of other areas of healthcare, and they must spend state taxpayer-generated dollars in a way that the Congress wants it done.
That’s called commandeering the legislature. That’s the Congress taking away the discretion of the legislature with respect to regulation, and spending taxpayer dollars. That’s prohibited in a couple of Supreme Court cases. So on that argument, the attorneys general have a pretty strong case and I think they will prevail.
The Supreme Court has ruled that in areas of human behavior that are not delegated to the Congress in the Constitution, and that have been traditionally regulated by the states, the Congress can’t simply move in there. And the states for 230 years have had near exclusive regulation over the delivery of healthcare. The states license hospitals. The states license medications. The states license healthcare providers whether they’re doctors, nurses, or pharmacists. The feds have had nothing to do with it.
The Congress can’t simply wake up one day and decide that it wants to regulate this. I predict that the Supreme Court will invalidate major portions of what the president just signed into law.”
But the Supreme Court can act only if lawsuits are brought against ObamaCommieCare. That is why so many have filed lawsuits, including the 14 states, the Thomas More Law Center (TMLC) and the American Center for Law and Justice (ACLJ). If you can, join the TMLC and the ACLJ as plaintiffs!
~Eowyn & Steve