Can you sue for the right to be self-insured?
Author: Luke A. Wake
If you are currently self-insured (i.e. un-insured) and you object to the requirement that you must now purchase health insurance or face tax penalties under the new health care legislation, you should contact Pacific Legal Foundation. We are currently looking for a self-insured individual, who is willing to step forward as a plaintiff in a suit to challenge the constitutionality of the "individual mandate" to buy health insurance. We believe that the federal government has no power to force you to buy anything against your will.
Indeed, the most invidious aspect of the legislation is its mandate that individuals must purchase health insurance, whether or not they want to. You would think that in a "free society" individuals should be free to refuse to purchase goods and services, but the drafters of the health care legislation don’t believe that we have any such right. For the first time in American history, the federal government is forcing Americans to buy something.
If the federal government can force us to buy insurance, it can force us to buy anything. We could be required to buy carrots or gym memberships to promote good health in America, or to buy stocks in preferred industries, for the good of the economy. We might even be required to purchase a new computer or new car every year to boost the economy. In other words, the health care legislation’s mandate that individuals must purchase health insurance sets a dangerous precedent, which would give the federal government new powers to entangle itself in our personal lives in a way it has never been allowed to do before.
Pacific Legal Foundation believes the individual mandate violates the Commerce Clause of the U.S. Constitution, because the clause merely authorizes Congress to regulate commerce, not to compel commerce. Look for upcoming posts, which will explain – in greater detail – why we believe the individual mandate is unconstitutional.
In the mean time, please pass this link to your friends. Maybe they will know someone who is self-insured and willing to step forward to challenge this the mandate. Our ideal client would be: (1) self-insured by choice; (2) capable of paying medical expenses out of pocket; (3) articulate; (4) a well regarded member of the community; and (5) an upstanding citizen.
Please contact us if you know of anyone who may fit this bill: 916-419-7111.