Oral arguments are presented to U.S. district judge in Florida
Texas Insider Report: PENSACOLA FL Texas Attorney General Greg Abbott today appeared in federal district court where he represented the State of Texas during legal arguments over the constitutionality of the Obama Administrations health care law.
Last March Attorney General Abbott and a bipartisan coalition of state officials from across the country challenged the constitutionality of the controversial Patient Protection and Affordable Care Act. Todays oral argument was the final court proceeding before U.S. District Judge Roger Vinson is expected to rule on the laws constitutionality sometime next year.
The federal health care law violates our Constitution by imposing an unprecedented mandate on individual Americans and requiring states to spend billions of additional dollars on health care programs" Attorney General Abbott said. Congress has limited powers and cannot simply force Americans to purchase health insurance. Just this week a federal court in Virginia agreed with our interpretation of the Constitution ruling that Congress exceeded its authority and striking down the insurance mandate as unconstitutional."
Attorney General Abbott added:
In an attempt to justify its unprecedented and unconstitutional overreach Congress cites its authority to regulate interstate commerce. If there are to be any limitations on the federal government then commerce cannot be twisted to cover every possible human activity under the sun including mere human 
existence. The act of doing absolutely nothing does not constitute an act of commerce and our Constitution does not give Congress the authority to force Americans to purchase insurance."
Under the federal health care law for the first time in the nations history the federal government attempts to force individual Americans to enter into contracts and purchase services from private companies in this case insurance companies or face a penalty.
The States are challenging this so-called individual mandate requirement explaining that such an imposition on the American people exceeds Congress authority and violates Americans constitutional rights.
Additionally the States are challenging provisions of the new law that will impose dramatic Medicaid spending increases on the states including billions of dollars in mandatory spending increases for the State of Texas.
With the State facing billion-dollar budget shortfalls the Obama Administrations health care law imposes an immense financial burden on Texas taxpayers by forcing them to spend billions of additional dollars to expand entitlement programs" Attorney General Abbott continued.
But in addition to hitting the taxpayers in their wallets the new law threatens their constitutional rights by exerting sweeping authority over individual Americans decisions. Clearly Congress is attempting to expand federal authority and seize powers that are restricted by the Tenth Amendment. But no public policy goal no matter how important or well-intentioned can be allowed to trample the protections and rights guaranteed by our Constitution."
Todays hearing follows Judge Vinsons October 14 decision rejecting the federal governments motion to dismiss the States legal challenge. In a similar lawsuit being brought against federal health care reform by the Commonwealth of Virginia a federal judge ruled on Monday that the laws individual mandate provision is unconstitutional.
In addition to Texas the 20-state coalition challenging the federal health care law includes:
- Florida
- South Carolina
- Nebraska
- Pennsylvania
- Louisiana
- Washington
- Colorado
- Michigan
- Utah
- Alabama
- South Dakota
- Idaho
- Indiana
- Mississippi
- North Dakota
- Arizona
- Nevada
- Georgia and
- Alaska.
The lawsuit is filed in the Federal District Court in the Northern District of Florida. The states are joined in this lawsuit by the National Federation of Independent Business and individual plaintiffs Mary Brown and Kaj Ahlburg.
The States legal challenge was filed immediately after President Barack Obama signed the bill into law. It specifically names the U.S. Departments of Health and Human Services Treasury and Labor as defendants because those federal agencies are charged with implementing the Acts constitutionally impermissible provisions.
Abbott: Texas challenging congressional authority; there are limits to what they can impose
existence. The act of doing absolutely nothing does not constitute an act of commerce and our Constitution does not give Congress the authority to force Americans to purchase insurance."
