Indiana Attorney General Curtis Hill has joined a 20-state coalition urging a federal district court in Texas to hold the Affordable Care Act’s (ACA) individual mandate is unconstitutional and to enjoin the entire law.
The complaint, filed late Monday, explains that the ACA, as recently amended, forces an unconstitutional and irrational regime onto the states and their citizens. In NFIB v. Sebelius, the U.S. Supreme Court narrowly upheld the core provision of the ACA — the individual mandate — as a “tax.†However, Congress recently has repealed this tax while leaving the mandate in place. Since the Supreme Court has already held that Congress has no authority to impose such a mandate on Americans absent invoking its taxing authority, the ACA is now unconstitutional.
