March 26, 2010

Legal Scrutiny of Fed Health Care Law Should be Authorized

There has been much discussion in every state, including Wisconsin, over the constitutionality of federal health care legislation recently signed into law by President Obama. The sweeping health care law includes numerous mandates and penalties, including the requirement that everyone must purchase health insurance or face a fine from one of the 16,000 newly hired IRS agents. Over a dozen state attorneys general, both Republicans and Democrats, have entered into a lawsuit to challenge the constitutionality of the measure

In order for Wisconsin to join or file its own lawsuit, Governor Doyle or one house of the Legislature must grant Attorney General J.B. Van Hollen the authorization. In a letter to legislative leadership, Van Hollen requested permission to contest the constitutionality of forcing American citizens to buy a product against their will and indicated that Wisconsin has a legal basis for such a challenge. He questioned whether the mandate requiring each person to purchase insurance passes constitutional muster and stated that it likely encroaches upon Wisconsin’s sovereignty.

Scott visited with students from St. Paul's Lutheran School in Fort Atkinson during their recent visit to the Capitol.