Attorney General Curtis Hill this week joined 17 other states in a brief urging the U.S. Court of Appeals for the 5th Circuit to declare the Affordable Care Act unconstitutional. Such a decision would uphold a U.S. District Court decision from last year regarding the act, which is also known as Obamacare.
“The Affordable Care Act had previously been determined constitutional because of the tax penalty accompanying the individual mandate, which fell under the taxing authority of Congress,” Attorney General Hill said. “When Congress eliminated the tax penalty, the individual mandate lost the constitutional leg on which it stood.”
This brief argues that Obamacare, in its current form, imposes rising costs and gives too much power to the federal government while simultaneously stripping power from the states.
Attorney General Hill reiterated that leaders at all levels of government must work to craft sensible and effective health care policies.
“All Americans – not just the 85 to 90 percent covered by their employers and/or Medicare/Medicaid – should have access to quality health care that they can afford,†Attorney General Hill said. “Congress and the individual states must develop sound constitutional policies that safeguard the health care needs of all individuals, including those with pre-existing conditions.â€
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