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:
Thomas More Law Center, Jann DeMars, John Ceci, Steven Hyder, and Salina Hyder
Defendant:
Barack Hussein Obama, President of the United States, Kathleen Sebelius, Secretary of the U.S. Department of Health and Human Services; Eric H. Holder, Jr., Attorney General Of the United States; Timothy F. Geithner, Secretary of the U.S. Department of the Treasury, all in their official capacities.
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. 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passage) has become the law that is worse than they had imagined (67% of “mainstream voters” today demand that it be repealed).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 Budget 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 Thomas More Law Center filed its lawsuit the day the statute was signed into law. On October 7, 2010, the district court ruled that the decision not to purchase health care insurance is an “economic decision” that Congress may regulate and dismissed the complaint. On October 22, 2010, the Thomas More Law Center filed a notice of appeal.
MSLF filed its friend of the court brief on December 22, 2010. Oral arguments were held by the Sixth Circuit on June 1, 2011. On June 29, 2011, the Sixth Circuit affirmed the ruling of the district court and upheld the constitutionality of the individual mandate. On July 26, 2011, the Thomas More Law Center filed a petition for writ of certiorari.
