Bondi, 25 other states appeal to U.S. Supremes on federal health care lawby Dara Kam | September 28th, 2011
Without waiting for President Obama’s administration to appeal lower court rulings, Florida Attorney General Pam Bondi and 25 other states are asking the U.S. Supreme Court to decide whether the federal health care law is unconstitutional.
Florida led the challenge against the Obama administration, arguing that its requirement that most Americans purchase health insurance – also known as the “individual mandate” – is unconstitutional.
Last month, the 11th Circuit Court of Appeals in Atlanta ruled that the individual mandate is unconstitutional but upheld the remainder of the sweeping health care law, including a dramatic expansion of Medicaid.
But even Obama’s attorneys believe that much of the law relies on the requirement that individuals purchase health insurance.
Although several other cases are working their way through the courts, attorneys on both sides believe that a U.S. Supreme Court decision in Florida’s multi-state case will ultimately decide the matter.
Bondi’s lawyers argued that the Patient Protection and Affordable Care Act forces individuals to engage in commerce and is an imposition on states because of increased Medicaid costs which they cannot avoid.
“Both features of the Act raise constitutional issues that go to the heart of our system of limited government and the Constitution‘s division of authority between the federal government and the States. Of the various challenges working their way through the federal courts, only this case allows the Court to address both of these fundamental questions,” lawyers representing Bondi and the National Federal of Independent Businesses, wrote in the appeal filed today.
Bondi is holding a noon press conference on the filing today in the Capitol.