Health Insurance Reform being challenged by certain states

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January 19, 2011
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Health Insurance Reform being challenged by certain states

At the request of Maine Attorney General William Schneider, the state of Florida will move the federal court to allow Maine and several other states to join the lawsuit challenging the constitutionality of certain provisions of the federal health-care reform law.

“As attorney general I took an oath to protect the people of Maine,” said Schneider in a press release from the Office of the Maine Attorney General. “Health care in the United States is at a critical point and needs to be fixed so that all citizens have access to good-quality and affordable health care. However, the repairs to the system cannot be based on an unconstitutional foundation. The federal health-care reform law mandates all citizens to purchase health insurance or pay a costly penalty. This would be an unprecedented expansion of federal power, violating the 10th Amendment and Commerce Clause of the United States Constitution. I hope the court will allow Maine to join this important lawsuit and settle the constitutionality of whether the federal government can force all citizens to purchase or maintain health insurance.”

Schneider said he thinks the court will decide within several weeks whether to allow Maine and the other states to join the lawsuit. If successful, the lawsuit would eliminate what Schneider referred to as “only the unconstitutional portions of the health-reform law.”

Schneider said joining the lawsuit has had a negligible cost to the people of Maine, contrary to estimates that have appeared in the press.

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