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Congressman Burton Supports Ruling of ‘Unconstitutional’ Healthcare Mandate

Posted by Joshua Gillespie on December 13, 2010

FOR IMMEDIATE RELEASE                                                             CONTACT: Joshua Gillespie
December 13, 2010                                                                                    (317) 848-0201

Congressman Burton Supports Ruling of ‘Unconstitutional’ Healthcare Mandate


Washington, D.C. – Congressman Dan Burton issued the following statement after Federal District Judge Henry E. Hudson in the 4th Circuit U.S. Court of Appeals Richmond, Virginia, ruled that the health care reform law’s individual mandate requiring most Americans to purchase health care coverage by 2014 was unconstitutional:

“I am extremely pleased with Judge Hudson’s ruling on the individual mandate of the health care law. In early November, many of my Republican colleagues and I signed an Amicus Brief filed in the state of Florida that clearly demonstrated that the Congress lacks the authority under the Constitution’s Commerce Clause to impose the individual mandate, and that the lack of a severability clause would cause the entire bill to fail if the court struck down the individual mandate. In his ruling Judge Hudson stated that the individual mandate ‘exceeds the Commerce Clause powers vested in Congress under Article I [the U.S. Constitution]’.  This decision represents an extremely important part in my fight against socialized medicine. With more than 20 states filing lawsuits against the Federal government over the health care reform law, many Americans are concerned with government overstepping its boundaries.

“While the rest of the health care law remains intact for now, the future of the individual mandate is uncertain. This court decision opens the door to repeal and replace the current law with legislation that would contain meaningful reforms focused on lowering cost and protecting American jobs.”


Background:

On March 22, 2010, Representative Burton introduced H.R. 4910, which would repeal Obamacare, the Democrats' unconstitutional health care bill, and replace it with H.R. 3400, the “Empowering Patients First Act.”  H.R. 3400 is centered on four main pillars: access to coverage for all Americans; coverage that is truly owned by the patient; improve the health care delivery structure, and rein in out-of-control costs. Rep. Burton intends to reintroduce his bill in the 112th Congress.

Rep. Burton was noted for saying, “This bill demonstrates that Republicans are not simply about voting no on health care reform.  This bill is about repealing the government-run solution jammed through the Congress by the Democrats in favor of real cost effective health care reform.”

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