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Ohioans Submit Brief to United States Supreme Court Challenging Constitutionality of Individual Mandate

Flag and American Health CareAmicus Brief highlights Ohio Health Care Freedom Amendment as evidence of mandate’s unconstitutionality

Columbus, OH – The 1851 Center for Constitutional Law today submitted to the United States Supreme Court a “friend of the court” brief asserting that the Patient Protection and Affordable Care Act’s individual mandate is unconstitutional. The brief highlights for the High Court Ohioans’ placement of the Ohio Health Care Freedom Amendment (“Issue 3″) in Ohio’s Bill of Rights, and its role in the Court’s analysis of whether the mandate withstands constitutional scrutiny.

The individual health insurance mandate, described as a “minimum essential coverage requirement” in the PPACA, attempts to require each citizen of the United States to purchase a qualifying heath insurance policy that, thus far, must cover items ranging from substance abuse and mental health coverage to maternity care. Through requiring these coverages and others, the mandate is expected to drive up costs of health insurance premiums nationwide.

Continue reading Ohioans Submit Brief to United States Supreme Court Challenging Constitutionality of Individual Mandate

Obamacare Not Constitutional – Judge Uses Obama’s Own Words Against Him

Obama Health CareIn ruling against President Obama‘s health care law, federal Judge Roger Vinson used Mr. Obama‘s own position from the 2008 campaign against him, when the then-Illinois senator argued there were other ways to achieve reform short of requiring every American to purchase insurance.

“I note that in 2008, then-Senator Obama supported a health care reform proposal that did not include an individual mandate because he was at that time strongly opposed to the idea, stating that, ‘If a mandate was the solution, we can try that to solve homelessness by mandating everybody to buy a house,’” Judge Vinson wrote in a footnote toward the end of his 78-page ruling Monday.

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