Bill Bumpas
OneNewsNow
8/1/2011
One of several lawsuits challenging ObamaCare is officially on its way to the U.S. Supreme Court, and one attorney says the case should be of interest to everyone.
The Thomas More Law Center (TMLC) is asking the high court to strike down the healthcare overhaul. On June 29, the Sixth U.S. Circuit Court of Appeals was the first appellate court to uphold the law. Robert Muise, senior trial counsel for TMLC, tells OneNewsNow the 2-1 opinion upheld the constitutionality of the individual mandate.
“That’s the provision where Congress, exercising its authority under the Commerce Clause, is now forcing private citizens to purchase healthcare insurance under penalty of federal law,” he explains. “We challenged the authority of Congress under the Commerce Clause to exercise that power. We believe that that is beyond the powers that were conferred to them through the Constitution.”
He says this case transcends the healthcare debate. “It’s all about the power of the federal government and the power of our Congress as power to legislate vis-à-vis the liberty interest of those that it governs, which is the American people,” Muise contends. “So this case should be of great interest to everyone.”
The TMLC senior trial counsel adds that the Supreme Court could wait for other lawsuits to reach them, or they could go ahead and take the case and likely reach a decision before next summer’s recess.
