Rep. Scott Garrett (R-NJ) today joined the American Center for Law and Justice (ACLJ) in filing an amicus brief with a federal court in Florida challenging the constitutionality of the federal health care law. As Founder and Chairman of the Congressional Constitution Caucus, Garrett has long been an outspoken critic of the health care law, particularly the individual mandate. Most recently, Garrett introduced H.R. 4999, the Reclaiming Individual Liberty Act, which would repeal the individual mandate on the grounds that it is unconstitutional.
"The federal health care law isn't just bad public policy, it's unconstitutional. As countless constitutional scholars have pointed out, our founding fathers never envisioned a federal government with such expansive powers," said Garrett. "Forcing Americans to purchase health insurance under penalty of law represents an unprecedented power-grab by the federal government and would set a dangerous precedent for the future. If we were to give Congress this power under the Constitution, then there would be virtually no limit on its authority to compel our country's citizens to comply with the whims of future congressional majorities. I submit that the federal health care law will be found unconstitutional when it is litigated in our courts."
The ACLJ filed the amicus brief in the U.S. District court for the Northern District of Florida, Pensacola Division on behalf of 63 members of Congress and more than 70,000 Americans who oppose the individual insurance mandate in the federal health care law. The ACLJ contends that the federal health care law is government over-reach and violates the Commerce Clause of the U.S. Constitution.