Colorado Attorney General John Suthers to challenge constitutionality of individual health care mandate

March 23rd, 2010 - 4:37 am ICT by BNO News  

DENVER, COLORADO (BNO NEWS) – Colorado Attorney General John Suthers announced on Monday that he will be joining nearly a dozen other state attorneys to challenge the constitutionality of the of the individual health care mandate in the recently enacted Patient Protection and Affordable Care Act.

“The individual mandate to purchase insurance or suffer economic sanction violates constitutional principles and lacks constitutional authority,” Suthers said. “Such an expansion of the current understanding of the Commerce Clause would leave no private sphere of individual commercial decision making beyond the reach of the federal government. It would render the 10th Amendment meaningless.”

The lawsuit will also challenge the constitutionality of the penalties included in the legislation for individuals that decide to forgo purchasing health insurance. The Government can place a tax on an individual’s commercial spending, but Suthers argues that this is placing a tax on an individual’s commercial inactivity.

The courts, too, have established that Congress cannot use its powers to “coerce” individuals or businesses.

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