February 24, 2010

Letter on ObamaCare Legal Issues

More than 25 health care experts, attorneys, scholars and conservative leaders joined together today in a letter highlighting the need for members of Congress and the President to address constitutional and other legal concerns about health care reform. In particular, the letter (included below) asks the Republican leadership in the House and Senate to raise the profile of these legal issues in connection with tomorrow’s health care summit.

February 24, 2010

The Honorable Mitch McConnell
The Honorable Jon Kyl

United States Senate
Washington, DC 20510

The Honorable John Boehner
The Honorable Eric Cantor

United States House of Representatives
Washington, DC 20515

Re: Legal issues in health care reform

Dear Senators McConnell and Kyl and Representatives Boehner and Cantor,

We and the organizations we represent are united by our concerns about the constitutionality and legal consequences of the health care bills passed by the Senate and House and supported by President Obama. We respectfully ask that you and your colleagues raise these important concerns with the President and members of Congress who support the bills during the February 25 health care summit and during the national debate over health care reform.

Our concerns about the constitutionality of the bills center on the individual health insurance mandate. Attorneys among us have analyzed the issue and concluded that requiring Americans to buy health insurance does not fall within the powers granted to Congress by the Constitution.

Moreover, our analysis indicates that if the House or Senate bill were to be enacted and upheld by the courts, the result would be a trial lawyer-driven explosion of health care and insurance litigation. In other words, not only do these bills fail to constrain trial lawyers’ drain on the health care system, they actually make the problem substantially worse.

We have attached two documents which detail the basis for our concerns. One is a memo by the Conservative Action Project headed by former Attorney General Edwin Meese. The other is a Wall Street Journal op-ed. They are also available at the links below. We encourage you to share these materials with other members of Congress and the President.

In sum, we are convinced that the constitutionality and legal consequences of health care reform are far too important to be side issues at the health care summit and in the larger health care debate. Members of Congress and the President owe it to the American people to address these concerns directly. Therefore, we urge you and your colleagues to bring the legal issues to the forefront this week and beyond, and we stand ready to provide any help you need.



Jane Orient, M.D.
Executive Director
Association of American Physician and Surgeons

Grace-Marie Turner
Founder & President
Galen Institute (for identification purposes only)
former member, Medicaid Commission
former member, National Advisory Council of Healthcare Research & Quality

Dan Greenberg
Arkansas State Representative (District 31)
Adjunct Professor of Law
University of Arkansas at Little Rock, Bowen School of Law

Abigail Thernstrom
U.S. Commission on Civil Rights

Dr. John C. Eastman
Professor of Law and Former Dean
Chapman University School of Law
(candidate for California Attorney General)

David Rivkin
Washington, DC
former official, Reagan and George H. W. Bush Administrations

Hans von Spakovsky
former Commissioner
Federal Election Commission.

Stephan Thernstrom
Winthrop Research Professor of History
Harvard University

Gary Bauer
American Values

Dr. Richard Land
Southern Baptist Ethics & Religious Liberty Commission

Alfred S. Regnery
The American Spectator

Richard Viguerie

Colin A. Hanna
Let Freedom Ring

Curt Levey
Executive Director
Committee for Justice

Mario H. Lopez
Hispanic Leadership Fund

Jim Martin
60 Plus Association

Penny Nance
Concerned Women for America

Lewis Uhler
National Tax Limitation Committee

Mandi Campbell
Legal Director
Liberty Center for Law and Policy

Susan Carleson
Chairman & CEO
American Civil Rights Union

Kay Daly
Coalition for a Fair Judiciary

Kelly Shackelford
President & Chief Counsel
Liberty Legal Institute

Mathew Staver
Founder & Chairman
Liberty Counsel

Micah Clark
Executive Director
American Family Association of Indiana

Richard W. C. Falknor
Maryland Center-Right Coalition

Dr. William Greene

C. Preston Noell III
Tradition, Family, Property, Inc.

Jack Wheeler
Freedom Research Foundation


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