Author: Luke A. Wake
Pacific Legal Foundation and Americans for Free Choice in Medicine (AFCM) filed an amicus brief moments ago in the Commonwealth of Virginia’s challenge to the federal mandate that American citizens must purchase health insurance.
Earlier this year Virginia passed a law protecting Virginia citizens from that mandate, but if the federal mandate to purchase health insurance is a valid act under the Commerce Clause, then Virginia’s citizens might still be required to purchase health insurance under pain of a substantial financial penalty. Accordingly, PLF’s brief argues that the Individual Mandate is beyond the scope of Congress’ commerce power. In addition, PLF argues that the mandate cannot be justified under Congress’ taxing powers.
PLF has taken a leading role in the fight to protect our system of federalism. We are fighting to ensure that Congress is bound by the Constitution, and that it acts only within the limited and enumerated federal powers therein vested. We are also representing AFCM in this filing, because they are dedicated to the promotion of the philosophy of individual rights, personal responsibility, and free-market economics in the health care industry.
We are representing Matt Sissel in a similar challenge to the Individual Mandate in the Federal District Court for the District of Columbia. For information on that suit, visit our website.