Washington, DC – On news that U.S. District Judge Henry Hudson today declared unconstitutional the minimum coverage provision  established by the Patient Protection and Affordable Care Act, Constitutional Accountability Center released the following statement:

                “Judge Hudson’s ruling today is a constitutional outlier that should not stand on appeal,” said Elizabeth Wydra, Chief Counsel of Constitutional Accountability Center.  “The ruling is not only inconsistent with the rulings of the two other federal judges who have already considered the merits of the minimum coverage provision and found it constitutional, the ruling is also out of step with over 200 years of Supreme Court precedent on the powers of Congress.  In particular,” Wydra continued, “the requirement that individuals maintain a minimum level of health insurance coverage or pay a tax penalty falls squarely within Congress’s constitutional authority to regulate interstate commerce, including actions—such as the decision not to buy health insurance—that substantially affect interstate commerce.”

                CAC has filed a “friend of the court” brief on behalf of more than 75 state legislators in the still-pending health care reform lawsuit in Florida, defending the constitutionality of the Affordable Care Act.

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Resources:

Brief amicus curiae from 78 State Legislators and Constitutional Accountability Center, defending the constitutionality of the Patient Protection and Affordable Care Act in the Florida case: http://theusconstitution.org/cases/briefs/us-department-health-human-services-v-florida-florida-v-hhs/florida-district-court

The States, Health Care Reform, and the Constitution:http://theusconstitution.org/think-tank/issue-brief/states-health-care-reform-and-constitution-0

Strange Brew: The Tea Party’s Errant Constitutional Attacks on Health Care Reform: http://theusconstitution.org/text-history/1829

Redefining Federalism: Listening to the States in Shaping “Our Federalism”: http://theusconstitution.org/think-tank/book/redefining-federalism-listening-states-shaping-our-federalism

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Constitutional Accountability Center (www.theusconstitution.org) is a think tank, public interest law firm, and action center dedicated to fulfilling the progressive promise of the Constitution’s text and history.

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