The Constitution is Nonpartisan


By Hadley Heath

The latest news in Amicus Briefs is that now, speaker-to-be John Boehner has filed in support of the Florida case. From ABC News:

“ObamaCare is a job-killer, and our economy simply cannot afford this unprecedented, unconstitutional power grab by the federal government,” Boehner stated Tuesday evening. “That is why Republicans will continue standing with the American people and fighting to repeal ObamaCare and replace it with better solutions put forth in the Pledge to America to lower health care costs and protect American jobs.”

Boehner’s amicus brief was filed in support of a lawsuit brought by 20 state attorneys general and the National Federation of Independent Businesses (NFIB), the nation’s largest small business association. The brief seeks to overturn what Boehner says is a “government takeover of health care that is costing jobs, increasing costs, and jeopardizing coverage for millions of Americans.”

“I’m proud to join these states and the NFIB in their ongoing effort to overturn this job-killing health care law and protect American workers from its devastating impact.”  Boehner said.

John Boehner will be House Speaker for the 112th Congress because Republicans won a majority of House seats this November.  Clearly, the voices of Republican lawmakers will become louder, and their power will become stronger.  Now power will be divided: a Democrat in the White House, a Democrat majority in the Senate, and a Republican majority in the House.  Some say this will cause gridlock; some say this gridlock is good, and will lead to more compromise between the parties.

The passage of the health reform law of March 2010 was anything but bipartisan.  In a quick party-line vote, Democrats used their then-majority in the House to turn a 2,000-page bill into a 2,000-page law.  Its nickname, “ObamaCare,” ties it to our president, who campaigned on unity between the parties, but hasn’t done a lot to follow through in that area.

And then the lawsuits began, and… not so shockingly, the vast majority of states who joined were led by Republican Attorneys General or Republican Governors.  See the pattern?

But my hope is that Republicans, Democrats, Independents and others all recognize that the main concern of the health care lawsuits – the legitimate ones – is not the devastating impact of this law on the economy, government spending, or even health care quality.  The main concern of the health care lawsuits is the devastating impact of this law on our Constitution, should the law stand.  And the Constitution is nonpartisan. 

Every American should be willing to defend our constitutional rights, party politics aside.  I’m sure it will give Republicans like Boehner some extra political points if they support a lawsuit that wins and voids the law.  Conversely, any Democrat who supports a lawsuit against ObamaCare would probably be ostracized by his or her party.  But this fight shouldn’t be about political points; it should be about the Constitution.  


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