Letter on ObamaCare Legal Issues
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.
Association of American Physician and Surgeons
Founder & President
Galen Institute (for identification purposes only)
former member, Medicaid Commission
former member, National Advisory Council of Healthcare Research & Quality
Arkansas State Representative (District 31)
Adjunct Professor of Law
University of Arkansas at Little Rock, Bowen School of Law
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)
former official, Reagan and George H. W. Bush Administrations
Hans von Spakovsky
Federal Election Commission.
Winthrop Research Professor of History
Dr. Richard Land
Southern Baptist Ethics & Religious Liberty Commission
Alfred S. Regnery
The American Spectator
Colin A. Hanna
Let Freedom Ring
Committee for Justice
Mario H. Lopez
Hispanic Leadership Fund
60 Plus Association
Concerned Women for America
National Tax Limitation Committee
Liberty Center for Law and Policy
Chairman & CEO
American Civil Rights Union
Coalition for a Fair Judiciary
President & Chief Counsel
Liberty Legal Institute
Founder & Chairman
American Family Association of Indiana
Richard W. C. Falknor
Maryland Center-Right Coalition
Dr. William Greene
C. Preston Noell III
Tradition, Family, Property, Inc.
Freedom Research Foundation