During this holiday season, millions of Americans face growing concerns about their jobs, the economy and the overall direction of our country. These concerns are prompted, in large part, by the massive expansion of the federal government over the past two years, and its related intrusions into the everyday lives of all Americans.
These concerns were recently highlighted on a sign placed on the side of an industrial plant in Worland, Wyoming, that said, “As Regulations Grow, Freedoms Die.”
This message perfectly captures the great concerns that Americans feel towards many of the new laws being enacted in Washington, and especially the new healthcare law. This new law is chock-full of mandates that will restrict American freedoms, and place regulatory and tax burdens on struggling businesses and families.
Last week, a federal district court in Virginia took the first step towards responding to these concerns by striking down one of the most onerous burdens in this law. In a clear, forceful decision, Judge Henry Hudson ruled that the requirement that all Americans purchase health insurance, which is a central component of the new law, is unconstitutional.
The new mandate contained in the healthcare law would force all Americans to buy health insurance plans designed and regulated by government bureaucrats. Based on what we have seen so far, these efforts will result in plans that cost too much, cause millions of Americans to lose their current insurance and undermine our nation’s efforts to turn the economy around.
A mandate forcing Americans to buy health insurance exceeds any reasonable interpretation of the Constitution and the intent of the Founders in granting powers to Congress. That is why Republicans have been saying for over a year that there are serious constitutional concerns with the new healthcare law. That is also why I joined 32 of my Senate colleagues in signing a friend-of-the-court brief, challenging the constitutionality of the healthcare law.
In his decision, Judge Hudson ruled that the critical flaw in the health law’s individual mandate lies in a wrongful and overzealous interpretation of the Commerce clause of the Constitution. The district judge correctly observed that compelling an “unwilling person to perform an involuntary act” squarely violates the sole jurisdiction of the Commerce Clause - economic activity. If the Commerce Clause can also apply to inactivity, then there is effectively no limit on the scope of federal power.
It is likely that the district court’s decision will be reviewed by both a federal appellate court and ultimately the Supreme Court. These court cases, however, are only the tip of the iceberg regarding the problems created by the new law. Many of the new taxes and mandates in the healthcare law will sharply increase the cost of care and increase health insurance premiums. The new law will also force 15 million Americans into Medicaid, giving them no alternative other than to participate in the single worst healthcare program in America.
I believe that we need meaningful healthcare reform in the United States; however the current approach is flawed, expensive and ultimately will fail to benefit the very people for whom it is designed to help. Rather than forcing Americans to buy government set insurance plans that they may neither want nor need, we should focus on providing reasonable choices that Americans could choose to buy, while also taking steps to reduce health costs to make such plans more affordable.
These concerns were recently highlighted on a sign placed on the side of an industrial plant in Worland, Wyoming, that said, “As Regulations Grow, Freedoms Die.”
This message perfectly captures the great concerns that Americans feel towards many of the new laws being enacted in Washington, and especially the new healthcare law. This new law is chock-full of mandates that will restrict American freedoms, and place regulatory and tax burdens on struggling businesses and families.
Last week, a federal district court in Virginia took the first step towards responding to these concerns by striking down one of the most onerous burdens in this law. In a clear, forceful decision, Judge Henry Hudson ruled that the requirement that all Americans purchase health insurance, which is a central component of the new law, is unconstitutional.
The new mandate contained in the healthcare law would force all Americans to buy health insurance plans designed and regulated by government bureaucrats. Based on what we have seen so far, these efforts will result in plans that cost too much, cause millions of Americans to lose their current insurance and undermine our nation’s efforts to turn the economy around.
A mandate forcing Americans to buy health insurance exceeds any reasonable interpretation of the Constitution and the intent of the Founders in granting powers to Congress. That is why Republicans have been saying for over a year that there are serious constitutional concerns with the new healthcare law. That is also why I joined 32 of my Senate colleagues in signing a friend-of-the-court brief, challenging the constitutionality of the healthcare law.
In his decision, Judge Hudson ruled that the critical flaw in the health law’s individual mandate lies in a wrongful and overzealous interpretation of the Commerce clause of the Constitution. The district judge correctly observed that compelling an “unwilling person to perform an involuntary act” squarely violates the sole jurisdiction of the Commerce Clause - economic activity. If the Commerce Clause can also apply to inactivity, then there is effectively no limit on the scope of federal power.
It is likely that the district court’s decision will be reviewed by both a federal appellate court and ultimately the Supreme Court. These court cases, however, are only the tip of the iceberg regarding the problems created by the new law. Many of the new taxes and mandates in the healthcare law will sharply increase the cost of care and increase health insurance premiums. The new law will also force 15 million Americans into Medicaid, giving them no alternative other than to participate in the single worst healthcare program in America.
I believe that we need meaningful healthcare reform in the United States; however the current approach is flawed, expensive and ultimately will fail to benefit the very people for whom it is designed to help. Rather than forcing Americans to buy government set insurance plans that they may neither want nor need, we should focus on providing reasonable choices that Americans could choose to buy, while also taking steps to reduce health costs to make such plans more affordable.
