LATEST DEVELOPMENT (1/31/2011, 2:05 PM Central): Florida judge strikes down health overhaul ...
The federal government has responded to a lawsuit against healthcare reform that is now before the Sixth U.S. Circuit Court of Appeals.
Thomas More Law Center (TMLC) attorney Robert Muise filed the challenge, claiming the federal government has overextended its authority in requiring that all Americans buy insurance under penalty of federal law. But with the support of 21 other congressional Democratic lawmakers, former House Speaker Nancy Pelosi (D-California) and Senate Majority Leader Harry Reid (D-Nevada) have filed a "friend of the court" brief on behalf of ObamaCare's constitutionality.
"Accepting that proposition utterly destroys our Constitution [and] destroys [that which] our Founding Fathers intended...a federal government of limited enumerated powers," Muise contends. "If the Commerce Clause means what Nancy Pelosi and Harry Reid believe it to mean, then we do not have a Constitution as we know it."
Though several cases challenging ObamaCare have been filed, TMLC's case is the first to reach the appellate level. He says the case is a must-win for the sake of the people it will ultimately impact.
"If this law is upheld and this grab of authority by Congress, which is found nowhere in the Constitution, is allowed to proceed, then there really are no limits on Congress' authority," the TMLC attorney reasons. "And the idea that this [authority] can just be limited to the purchase of healthcare insurance policies is utter nonsense."
Muise concludes that that prospect is scary. So in working to stop the government, he has submitted a response to the court as the case makes its way to a hearing.
Results from our related poll
Will Congress...the courts...or the voters ultimately
bring about the demise of ObamaCare?
No comments:
Post a Comment