(CNSNews.com) – A majority of the states in
The five states have joined a 20-state lawsuit being led by
The Supreme Court is expected to ultimately decide on the matter.
“This lawsuit is about standing up for the rule of law and protecting the liberties guaranteed by our Constitution,” Kansas Attorney General Derek Schmidt said in a statement. “Our federal government is designed to be a government of limited, enumerated powers, and we do not believe it has the power to order citizens into commerce so it can then regulate their conduct under authority of the Commerce Clause. Whatever the merits or demerits of health care reform, the ends cannot justify the unconstitutional means.”
Maine Attorney General William Schneider announced his state would ender the lawsuit on Tuesday.
“The federal health care reform law mandates that all citizens to purchase health insurance or pay a costly penalty,” Schneider said in a statement. “This would be an unprecedented expansion of federal power, violating the 10th Amendment and the Commerce Clause of the United States Constitution.”
The Florida-led case, of which the small-business advocacy group the National Federation of Independent Businesses (NFIB) is also a plaintiff, is currently before U.S. District Judge Roger Vinson in
“Having more than half of the nation’s states involved in this case, along with NFIB, who represents more than 350,000 small businesses nationwide, sends a strong message to the courts that this law is detrimental to the entire nation and must be overturned,” said Karen Harned, executive director, NFIB Small Business Legal Center.
“The healthcare law sets a dangerous precedent of giving Congress unlimited power to force citizens to purchase private products,” Harned said. “This unconstitutional power grab by the federal government violates the rights of individuals, small business owners and the rights of states to function as sovereign entities. We are excited these additional states have joined our efforts against this unconstitutional law.”
The NFIB announced Wednesday that
“The federal government simply does not have the right to force someone to buy a product – be it health insurance or any other type of goods or services that an individual may or may not want – or face a penalty,” Ohio Attorney General Mike DeWine said in a statement.
Wisconsin Attorney General J.B. Van Hollen said the Constitution “places limits on the power of the federal government, and these limits must be defended or they will disappear.”
He added: “Never before has the federal government required an individual to either buy government-approved insurance or pay a penalty. And nowhere does the Constitution authorize Congress to regulate in this manner.”