Monday, April 12, 2010


Nineteen states have now joined (with more joining on every day) Utah  in suing the federal government on the grounds the Patient Protection and Affordable Care Act is unconstitutional. (Click here for a .pdf copy of the complaint.)

Never before in the history of our nation has the federal government required every U.S. citizen to buy a product or service or pay a stiff penalty! The federal government only has such power over our lives that is expressly granted in the Constitution. Otherwise all power and authority is left to the states. An individuals decisions as to what health care procedure to undergo, who will perform it and how they will pay for it IS NOT interstate commerce "at its core," and therefore the Obama administration cannot mandate those choices under an expansion of the Commerce Clause Power.

Our nation is based on the Rule of Law and the process of how government effects our lives matters. It matters not how laudable the goal or how bad Congress and the President want to do something. They have to do it lawfully and constitutionally.

Federal District Court Judge Vinson has set our case for a scheduling conference on April 14th in Tallahassee Florida. We urge all citizens to ask their state attorneys general to join with us in protecting the legal rights of their states and citizens against this unprecedented federal power grab and radical usurpation of individual and states rights.

Read a great Wall Street Journal editorial editorial "ObamaCare and the Constitution, If Congress can force you to buy insurance, Article I limits on federal power are a dead letter" at

It concludes, "the AGs should not be deterred, because the truth is that ObamaCare breaks new constitutional ground. Neither the House nor Senate Judiciary Committees held hearings on the law's constitutionality, and we are not aware of any Justice Department opinion on the matter. Judges have an obligation not to be so cavalier in dismissing claims on behalf of political liberty. Under the Constitution, American courts don't give advisory opinions. They rule on specific cases, and the states have a good one to make.

Democrats may have been able to trample the rules of the Senate to pass their unpopular bill on a narrow partisan vote, but they shouldn't be able to trample the Constitution as well."

1 comment:

Carol Lindsay said...

Do you have a better plan to ensure that ALL Utahn's have access to affordable healthcare and insurance?