Tuesday, April 27, 2010

Indiana Joins The Legal Battle Over Health Care Reform

By Chris Simpkins

The ink wasn’t even dry on President Obama’s signature before the attorney generals of more than 13 states filed suit in the U.S. District Court for the Northern District of Florida challenging the constitutionality of the newly passed health care legislation. In Indiana, we were left pondering whether Attorney General Greg Zoeller would join the legal battle. On March 29th, 2010, we received our answer as Indiana joined the other multi-state plaintiffs and became the 14th state in the lawsuit. According to Zoeller, “when the federal government imposes unprecedented legal obligations on this magnitude on state government, it is my obligation as Attorney General to join and participate in challenging the constitutionality of the bill.”

The thrust of the challenge is centered on the “individual mandate.” Essentially, beginning in 2014, most citizens will be required to purchase health insurance or pay a fine of $695 per year. Thus, the question becomes: is forcing every American to pay for health insurance constitutional?

Supporters of the mandate argue that case law is on their side, while opponents argue that the mandate falls outside the scope of Congress’s power. The future of the suit is uncertain, but it is sure to be interesting and thought provoking challenge. We are following the case and will have regular updates as it progresses.

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