Thursday, June 28, 2012

Dan Lungren statement on health care decision by Supreme Court

While the U.S. Supreme Court today found the individual mandate of the President’s health care plan unconstitutional under the commerce clause and the necessary and proper clause, the court has upheld the individual mandate and the rest of the health care law under Congress’ taxing power.
This is very disappointing.  Ironically, Congressional Democrats told the American people that the individual mandate was not a tax.  In September 2009, when George Stephanopoulos asked President Obama himself on ABC News whether the President rejects the notion that the individual mandate is a tax increase, the President responded: “I absolutely reject that notion.” 

Numerous lower court judges rejected the notion that the individual mandate was a tax.  Chief Justice Roberts in his opinion today even admitted that, “[i]t is of course true that the Act describes [the individual mandate] as a 'penalty,' not a 'tax.'"  In today’s dissenting opinion, Justices Scalia, Kennedy, Thomas and Alito stated that the language of the Affordable Care Act itself states verbatim that the individual mandate is a penalty.
26 U. S. C. §5000A, entitled “Requirement to maintain mini­mum essential coverage.”  It commands that every “applicable individual shall . . . ensure that the individual . . . is covered under minimum essential cover­age.”  And the immediately fol­lowing provision states that, “[i]f . . . an applicable individual . . . fails to meet the requirement of subsection (a). . . there is hereby imposed . . . a penalty.
Yet, the Supreme Court on a 5-4 decision ruled otherwise.  The Court today has said that Congress effectively has unlimited authority to tax the American people.  Above all, the Court has ratified a law that fundamentally alters the relationship between the federal government and the American people.  The Court has upheld a law that I believe is not only unconstitutional but also fails to improve the quality of health care in this country.
At the most fundamental level, Americans deserve common-sense, patient centered health reforms: targeted reforms that increase access to affordable, quality health care and place the individual and families in control of their own health care decisions.

Daniel E. Lungren
Member of Congress

1 comment:

  1. The June 28, 2012 decision by the USSC is just one step closer to the once great United States of America becoming a country we will no longer recognize. This is not about 'Health Care', it is all about 'Health Control'. What's next?

    I weep for my country!

    Pat Council