The top Senate Republican intends to file a friend-of-the-court brief next week in a federal lawsuit that questions the constitutionality of the Obama administration’s new health care law.
In his amicus brief to be filed in the US District Court in the Northern District of Florida, Sen. Mitch McConnell, R-KY, challenges the health care overhaul’s requirement that nearly all Americans purchase health insurance.
McConnell has asked other Senate Republicans to join him in signing on to the brief. In a letter to his Capitol Hill colleagues on Tuesday, McConnell outlined his argument against the law.
“For the first time, the Congress is not regulating an economic activity in which its citizens have chosen to engage, but rather is mandating that its citizens engage in economic activity—that they purchase a particular product—to begin with, and it would allow the federal government to punish those who make a different choice,” McConnell wrote. “Second, the brief argues that if the Individual Mandate is deemed constitutional, there will no longer be any meaningful limit on Congress’s power to regulate its citizens under the Commerce Clause.”
McConnell has called for the health care law to be repealed altogether.
In a speech last Thursday at the conservative Heritage Foundation in Washington, McConnell said, “We can and should propose and vote on straight repeal repeatedly. But we can’t expect the president to sign it. So we’ll have to work in the House on denying funds for implementation and in the Senate on votes against its most egregious provisions.”
17 comments:
Well this is an interesting turn of events indeed. I agree that this issue at least deserves looking into. I feel that there has been a good point made about how Congress is mandating that citizens participate in, and that this might be an act considered unconstitutional. Also I think that the second point about how Congress may gain unlimited power to regulate citizens under commerce clause. We'll see how this plays out.
i know that health care is important, and i also think that every one should have health care but not everyone can afford it. i think thats the real issue. if you have a choice between eating and getting health care i would eat. i think making it mandatory to buy health care is wrong...
I'm not altogether sure about the precise contents of the health care bill, but if a clear mandate of the purchase of health insurance by citizens is there, then it doesn't seem constitutional to me. The increased availability and affordability of heath care is a great thing; but we should focus on more accessible opportunity rather than forced payment.
It sounds like to me that now that the Republicans have the house back, they're trying to get what they want as soon as possible. They are teaming up to get what they want, which I feel that their job isn't to get what they want but what's best for the country and I feel the country would benifit most from this health care package.
I think those are valid concerns about the new healthcare plan. If the government is both forcing insurance upon the citizens and acting as the insurer, who is to say that it cannot make decisions about what someone is allowed to eat or time they can spend in non-calorie burning activity (all in the name of preventative healthcare, or course)? There are repercussions that can result from such drastic measures as taken here that apparently Obama hasn't thought of (or has, which scares me more).
Unless he plans on paying for every American's health insurance, then requiring every American to have it is definitely out of line. And what if someone can't afford health insurance? Will they be locked up or fined because of it? Next thing you know Americans will be forced to buy healthy foods or hybrid cars.
I think that McConnell has a pretty good argument about the health care reform bill. Congress shouldn't have to punish us for something that we don't want to buy. If this bill becomes repealed, then Obama would have accomplished even less then he has at the current moment. And the recent elections won't help in accomplishing any more things in his presidency.
I can somewhat see the validity of this arguement, even though I am completely for the health care bill. I still haven't read the bill and didn't know it was "forcing" it's citizen's to buy insurance. I'm sure there is a way for us to negotiate that out and still have the universal health care that is necessary though.
Well, what makes this law so special? By law, in order to legally drive me car, i have to have insurance on it, and many insurance plans cost hundreds of dollars a month! If we are having to pay for car insurance, what is the difference in having to pay for medical insurance? I still think the decision should be up to the individual. If he doesn't mind shelling out 20 grand when he wrecks his car and has to go in for surgery, so be it, that's his choice. Who knows? He may never be sick a day in his life.
I don't really like the fact that SO MANY people are completely against the healthcare bill, its very selfish of people. Always, I defend Obama because I think that things are really hard for him, people wanted change they got a healthcare reform which he had stated that this policy was something he was going to go through with. He got all the votes for the reform, why would the administration now reconsider everything just because of the neverending whining people?! This guy seems so be trying to his way by asking shady biased questions and counting them as votes. I hope his plan fails.
i think that it is very interesting that whole issue over health care is such a hot topic. What interests me most about it is the Republicans don't want to change to help the needy and act as if there is no problem, while the other side tries to stretch there power under "the betterment of the people"...
I think that everyone getting healthcare is a good thing. If everybody has to purchase healthcare and it is taking alot of one's salary then perhaps the repeal for the healthcare law would be a good thing. If everyone can afford healthcare however then I don't see why it's such a bad thing if everybody can have healthcare at an affordable price. Whatever the case is, there's something about this that the top Senate Republican doesn't like.
To me, this sounds interestingly like the fight between federalists and anti federalist: those who supported a loose interpretation vs. those who supported a strict interpretation of the Constitution during Alexander Hamilton and Thomas Jefferson's time. U.S. law ultimately falls on the Constitution for it is the "supreme law of the land," outlining the basic principles that constitute the greatness of America and Americans. The GOPer appealing and basing his appeal on such a document is altogether an exercise of his legal rights and is what we who live in a true democracy must be proud of. If his case gets enough support from the people, then based on public opinion, the government should alter its policies.
Group health insurance plans spread out the risk as well lowering the cost of a plan for individuals. I think many more people would choose to purchase health insurance, but if they aren't employed by a large corporation, why can't the government offer them some other group they coul join? Individuals shouldn't be forced to buy health insurance, but they also shouldn't be punished because of where they're employed.
I think trying to get rid of Obama's health care plan is good, but there are still problems with our current solution.
i think its a good idea but what if the president refuses to sign or agree with the argument. how long will it go on until someone just stops because obama already wants everyone to have healthcare and wants his bill to go through.
I don't agree with Mitch McConnell. Health care should be provided for everyone. It's sad when people are sick but choose to suffer at home instead of getting treatment because they can't afford to pay for it. It's even more sad if in the name of "freedom" we don't do our best to make it available to everyone. I don't think any of the health care legislation should be repealed.
McConnel has the right idea. America is based on what the people want, and Obama is not allowing that. The people did not vote on this health care system. Obama has to take the opinions of the citizens and hear what they have to say, and not just force this upon them.
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