Skip to comments.Update on Lawsuit Against ObamaCare
Posted on 06/04/2010 1:29:29 PM PDT by MichCapCon
Just how much power Congress has to regulate commerce is at the core of the Thomas More Law Center's lawsuit against President Barack Obama's health care legislation.
The Commerce Clause is listed in the U.S. Constitution and gives Congress the power to regulate interstate commerce. Just how expansive those rights are is an argument in the battle over the health care law.
The dispute revolves around the individual mandate of the health care plan that states every U.S. citizen would have to have health insurance. The Thomas More Law Center believes this violates the commerce clause of the Constitution.
"I think Congress' grab of power under the commerce clause is without precedent," said Robert Muise, senior trial counsel at the Thomas More Law Center. "If they have this power, then we no longer have a Constitution that places limits on our national government. This transcends health care. It goes to the core of the structure of our constitutional republic."
The Thomas More Law Center recently filed a brief in support of their motion for a preliminary injunction against the health care legislation.
"Our lengthy and detailed reply to the government's defense of the Health Care Reform Act demonstrates the weakness of the government's superficial arguments," Muise said in a press release. "As evidenced in our brief, we certainly like our chances that the court will strike down this unconstitutional act of Congress."...
(Excerpt) Read more at michigancapitolconfidential.com ...
How are the State’s lawsuits progressing?
We should be attacking this on several fronts simultaneously.
Even if the courts uphold it, the people will decide whether or not they want it.
If you listen to South Carolina blowhard Attorney General Henry McMaster, who is running for Governor, he's the star of this show.
Don’t think I’ve heard him here in Texas.
As a matter of fact my own AG (Greg Abbott) hasn’t been saying much either.
Governor Goodhair (Perry) seems to talk infrequently as a real conservative on the issues. He spoke again yesterday I believe for the first time in a while.
Poor reporting. The argument is not that the law violates the commerce clause. The argument is that the law exceeds the power granted to the government in the CC.
That's what the process of amendment is for.
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