Last week in Florida, U.S. District Judge Roger Vinson declared the new health care law unconstitutional. In his ruling, he said that the individual mandate section – the law’s requirement that everyone must carry insurance or pay a fee – “is outside Congress’ Commerce Clause power, and it cannot be otherwise authorized by an assertion of power under the Necessary and Proper Clause. It is not constitutional."
The Florida ruling came after the House voted 245-189 to repeal the law, and after a court ruling in December by U.S. District Judge Henry E. Hudson in Virginia that found the individual mandate unconstitutional. The Virginia judge said his ruling applied only to the part of the law that established the mandate and any directly dependent provisions that refer to that section, while the Florida judge offered a much broader ruling in declaring the entire law void.
These court rulings and the House vote were all victories for states’ rights. And it is my hope that the Supreme Court hears this case quickly, so states aren’t forced to shell out money they don’t have for something that, in my opinion, is unconstitutional.
Following the court rulings, the House vote, and mounting public pressure, the Senate held a vote on repealing the health care law. I was pleased that Senate Republicans were able to keep their promise of holding this vote; however the measure failed in a vote split down party lines. This was a disappointment given the rulings in the courts and the continued ruling in the court of public opinion. And, this was especially disappointing for Wisconsin, as the Badger State has joined with 25 other states in the lawsuit questioning the constitutionality of the health care law, and will be eager for a final ruling.
Health care is an important issue that needs a resolution. We all agree that care needs to be improved, access needs to increase, costs must be reduced, and certainty is provided that no one is denied coverage for a pre-existing condition. However, we should do this using a market-based system, not with large government rule that treads on our Constitution.
As the health care discussion continues and this court case moves forward, I remain cautiously optimistic that the higher courts will determine this law is unconstitutional. In the meantime, Republicans in the House will continue to keep their promise by drafting replacement legislation that avoids putting our country further into the red, but rather uses common sense reform to develop the best solutions.
Republican Congressman Jim Sensenbrenner represents Wisconsin’s Fifth Congressional District.
