Case Summary
Issue:
Whether the Commerce Clause, or any other provision of the United States Constitution, gives Congress the power to require individuals to purchase health insurance?
Plaintiff:
Commonwealth Of Virginia ex rel. Kenneth T. Cuccinelli, II, in his official capacity as Attorney General of Virginia
Defendant:
Kathleen Sebelius, Secretary of the U.S. Department of Health and Human Services, in her official capacity
Amicus Curiae:
Mountain States Legal Foundation
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Case History
Since the “Patient Protection and Affordable Care Act” (often called ObamaCare) became law on March 23, 2010, several lawsuits have been filed to challenge its constitutionality; most notable among them are the lawsuit filed by 20 States, as well as other plaintiffs, led by Florida, and the lawsuit filed by Virginia. All challenge the individual mandate set forth in the statute, under which all Americans must purchase health care insurance or pay a penalty, as well as other provisions, as conflicting with the Constitution.
During the national debate regarding ObamaCare, Speaker Pelosi said memorably, regarding the 1,000 pages of legislation that almost no one had read, “[W]e have to pass the bill so that you can find out what is in it . . . .” Over the last six months, a bill that the American people thought was bad (54% opposed its passage) has become the law that is worse than they had imagined (67% of “mainstream voters” today demand that it be repealed).
Prior to its enactment, the Congressional Budge Office (CBO) claimed that the statute would be revenue neutral; however, in the days and months since, the CBO is less sanguine about its impact on the economy. Moreover, recent responses of the marketplace and small businesses reflect a belief that ObamaCare spells disaster for the U.S. economy and for businesses.
Noting that, for the first time in American history, Congress has ordered every American to make a specific purchase, that is, health insurance, simply because Congress says that it is in the national interest, MSLF argues that, if the Commerce Clause permits Congress to issue this individual mandate, there are no limits to what Congress may do. In addition, MSLF argues that America’s embrace of limited government of specific enumerated powers began in the pre-Revolutionary Days, continued through the Declaration of Independence, the Constitution, and the Bill of Rights, and has been upheld by the federal judiciary, including the U.S. Supreme Court.
The Commonwealth of Virginia filed its lawsuit the day the statute was signed into law. On August 2, 2010, the district court rejected the Obama Administration’s motion to dismiss the lawsuit.
On October 5, 2010, MSLF filed an amicus curiae brief arguing that the doctrine of enumerated powers compels the court to strike down ObamaCare. On December 13, 2010, the district court held that Congress did not have the power to enact the individual mandate, but allowed the rest of the statute to remain in force. On January 18, 2011, the federal defendants filed a notice of appeal and Virginia filed a cross appeal.
On February 28, 2011, the federal government filed its opening brief before the U.S. Court of Appeals for the Fourth Circuit. On March 28, 2011, Virginia filed its response brief. On April 4, 2011, MSLF filed an amicus curiae brief supporting Virginia. On April 11, 2011, the federal government filed a response brief. On May 10, 2011, oral arguments were heard in seriatim with Liberty University v. Geithner. On September 8, 2011, the Fourth Circuit reversed, holding that Virginia lacked standing to challenge the individual mandate.