Challenge Now and Repeal Later
Tuesday, March 30th, 2010While the ultimate fate of the health care bill will rest with the next Congress and the next Administration, the immediate working limiting the bill’s negative impact on the American economy begins now. Indiana Attorney General Greg Zoeller, a capable and veteran legal expert, has joined 13 other state Attorneys General in challenging elements of the health care reform bill in the federal court system. The primary thrust of Zoeller’s and other AG’s challenge is that Congress cannot lawfully use its Commerce Clause power, found in Article I of the Constitution, to force the American people to buy a commercial product or face tax penalties. Further, they argue that Congress overstepped its bounds in ordering the states to set up insurance exchanges that will function along the lines of federal regulations and federal law.
Both of these legal approaches to the un-Constitutionality of the health care bill are sound, and the several AGs should be commended for vigorously pushing forward this challenge. Don specifically commented on Attorney General Zoeller’s joining of the fray by saying:
“The Attorney General’s decision to challenge the health care bill’s legality marks a step in the right direction for the people of Indiana. Although the motives behind the health care bill’s passage were laudable, the specifics in the bill stand in stark contrast to our founder’s vision for our country. We cannot afford the $2.5 trillion price tag of this legislation; and we cannot afford to surrender our freedom, the quality of our care, and the innovation of our medical professionals to the aims of government bureaucrats.”
Ultimately, what the AGs do will only limit the severe and far-reaching consequences of the government takeover. It is very unlikely that they will be able to achieve a full repeal of every bad policy contained in the bill, and rightfully they shouldn’t achieve a full victory in a courtroom. Some elements of the bill are blatantly counter to Constitutional principles, and as such they should be ruled illegal. Other elements are bad policy that will result, or are resulting, in unacceptable outcomes. Those policies must be rolled back and repealed in the halls of Congress and that is why this election is so important!


