Is Obama's healthcare law constitutional?

This week, the Supreme Court held a historic hearing on the president’s health care law, specifically about the law’s constitutionality. My philosophy is simple: I do not believe the government should in any way insert itself into the health care decision-making process. The physician, the patient, and their family should make health care decisions. 

Since the president’s health care bill became law two years ago, the American people see its failure to address the cost crisis in our health care system and have a better understanding of its long-lasting negative impact. Included in the president’s health care law are job-crushing mandates that are only burdening small businesses and families.

Most importantly, this debate is about the law’s constitutionality. Twenty-six states are challenging the law's legality in the Supreme Court. It is very concerning that the federal government is requiring individuals to purchase health care insurance. The Supreme Court’s decision regarding the law’s constitutionality will affect every American.

Through the individual mandate, the federal government is literally forcing all Americans to buy health insurance.  If the federal government can require individuals to buy a health care plan, what else can they require individuals to buy?  Even worse, the health care law gives the federal government the right to decide what is “acceptable” coverage for individuals.  Those who do not meet these standards will be penalized. I do not see how such a requirement can be held constitutional. 

Today, I sat in on the Supreme Court hearing, which specifically focused on the constitutionality of another provision expanding the federal-state Medicaid program. It was fascinating listening to questions by Supreme Court justices during the proceeding. 

Ultimately, by late June, the Supreme Court will decide if government can force individuals to buy a private product or be penalized for not doing so. The question remains: Can the government be allowed to force people to buy health insurance? I hope the answer from the court is NO.

The House of Representatives has already taken action to repeal the president’s health care law, and I have introduced a resolution that expresses the sense of Congress that the individual mandate is unconstitutional to support the states’ challenge. It is time for Democrats in Washington to side with the American people by joining that effort. We will continue to do the work we were sent here to do until the threat of the health care law is removed once and for all.

Please feel free to contact my office if we can be of assistance to you or your family. You can contact my office by mail, email or phone. Our contact information can be found on our website,www.roe.house.gov.

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