[StBernard] The Fleming Health Care Repeal Update

[Westley Annis]

FLEMING HEALTH CARE REPEAL UPDATE 	
Judge Indicates that Health Care Reform Law may be Unconstitutional
	



Last week, a U.S. Federal District Court judge in Florida indicated that he was not inclined to dismiss the lawsuit filed by the State of Florida and 19 other states (including the State of Louisiana), challenging the constitutionality of the new health care reform law.  

On September 14th, Federal District Court Judge Vinson heard arguments on an early procedural move by the Department of Justice (DOJ) seeking to have the legal challenge to the health care reform law thrown out of court.  During those arguments, Judge Vinson indicated that he was not inclined to dismiss the lawsuit out in its entirety.  A decision on DOJ’s motion is expected from the Judge by October 14th.

The lawsuit challenges the constitutionality of the requirement that individuals buy health insurance or face a penalty as well as the required expansion of Medicaid, the cost of which many states, including some on the verge of bankruptcy, say they can't afford.  I was pleased to support this challenge by Florida, Louisiana and the other 18 states by signing an amicus curiae (“friend of the court”) brief in the case, outlining the unconstitutionality of the law.    

WHAT YOU SHOULD KNOW:  While there is still a long way to go in the legal process, this is a good first step as the Court has indicated it is not willing to throw out the case on a technicality, but is instead prepared to consider the constitutionality of the new law.  Never before has the Federal Government required every American to purchase a “government approved” product and when I read the Constitution, there is nothing that provides Uncle Sam with the authority to make such sweeping requirements.  Instead of granting such broad powers, the Constitution is a limit of power, detailing what the Federal Government can do, and leaving the rest to individual states.

THE DOCTOR'S DIAGNOSIS:   Instead of this unprecedented and unconstitutional reach into individual American liberty, we need market-based health reform that will lead to quality, affordable health care, without breaking the bank, or expanding the size of government.

As this process unfolds, I will continue to work to repeal what I firmly believe to be an onerous and unconstitutional health care reform law which passed last March and find market-based solutions to our health care needs.

Sincerely,

JOHN FLEMING, M.D.
Member of Congress