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Crapo, Risch challenge health care law |
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February 18, 2012 |
Washington, D.C. – Idaho Senators Mike Crapo and
Jim Risch joined 41 of their colleagues in
filing an amicus brief with the United States
Supreme Court February 13 challenging the
presidents’ health care law, which they call an
unprecedented and unconstitutional expansion of
the federal government into the daily lives of
Americans.
“Instead of giving the government more power
over health care, individual patients must be
given more control, choice and information to
make their health care decisions,” Crapo and
Risch said. “A one-size-fits-all government
approach to health care would not only eliminate
these freedoms, but would also result in
decreased quality of care, choice and access.”
The following are excerpts from the amicus
brief:
“Put simply, Congress acted without
constitutional authority in enacting the
Individual Mandate of the PPACA. In so doing, it
has damaged Congress’ institutional legitimacy
and has triggered severe conflicts between state
and federal governments that the Constitution
was carefully designed to avert.”
“Because the Individual Mandate regulates a
simple decision or choice not to purchase a
particular product, it exceeds the proper scope
of the Commerce Clause.”
“If Congress may punish a decision to refrain
from engaging in a private activity (namely, the
purchase of health insurance) because the
consequences of not engaging in it, in the
aggregate, could substantially affect interstate
commerce, then the Congress can require the
purchase of virtually anything. For example,
this same rationale would allow Congress to
punish individuals for not purchasing a host of
health-related products, such as vitamin
supplements, the use of which could lower
aggregate health costs. Indeed, it is hard to
imagine any private decision not to purchase a
particular good or service that does not have
some economic impact when aggregated among
millions of people. Under that rationale, the
government could mandate any commercial
activity.”
The brief was signed by Sen. Mitch McConnell
(R-KY), Sen. Orrin Hatch (R-UT), Sen. Lamar
Alexander (R-TN), Sen. Kelly Ayotte (R-NH), Sen.
John Barrasso (R-WY), Sen. Roy Blunt (R-MO),
Sen. John Boozman (R-AR), Sen. Richard Burr
(R-NC), Sen. Saxby Chambliss (R-GA), Sen. Daniel
Coats (R-IN), Sen. Tom Coburn (R-OK), Sen. Thad
Cochran (R-MS), Sen. Susan Collins (R-ME), Sen.
Bob Corker (R-TN), Sen. John Cornyn (R-TX), Sen.
Mike Crapo (R-ID), Sen. Jim DeMint (R-SC), Sen.
Michael Enzi (R-WY), Sen. Chuck Grassley (R-IA),
Sen. Dean Heller (R-NV), Sen. John Hoeven
(R-ND), Sen. Kay Bailey Hutchison (R-TX), Sen.
James Inhofe (R-OK), Sen. Johnny Isakson (R-GA),
Sen. Mike Johanns (R-NE), Sen. Ron Johnson
(R-WI), Sen. Jon Kyl (R-AZ), Sen. Mike Lee
(R-UT), Sen. Richard Lugar (R-IN), Sen. John
McCain (R-AZ), Sen. Jerry Moran (R-KS), Sen.
Lisa Murkowski (R-AK), Sen. Rand Paul (R-KY),
Sen. Rob Portman (R-OH), Sen. James Risch
(R-ID), Sen. Pat Roberts (R-KS), Sen. Marco
Rubio (R-FL), Sen. Richard Shelby (R-AL), Sen.
Olympia Snowe (R-ME), Sen. John Thune (R-SD),
Sen. Pat Toomey (R-PA), Sen. David Vitter
(R-LA), Sen. Roger Wicker (R-MS). |
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