Congresswoman Lynn Jenkins released the following statement in response to U.S. District Judge Henry E. Hudson's ruling which declared that it is unconstitutional for the government to compel Americans to buy health insurance as mandated by President Obama and Speaker Pelosi's health care bill.
"From the beginning I have said I believe the Democrat's government takeover of health care is unconstitutional. I applaud Judge Hudson's decision to strike down the individual mandate in the Democrat's health care reform legislation.
"Article 1, Section 8 of the U.S. Constitution gives Congress the power "to regulate commerce with foreign nations, and among the several states, and with the Indian tribes." But, nowhere in the U.S. Constitution did our founding fathers give Congress the authority to regulate commerce between individuals. Requiring all citizens to purchase health insurance or pay a penalty for failing to do so appears to be in violation of that clause. I am so glad to see that when unconstitutional legislation, such as this, is pushed through Congress, the judicial system is there to protect the American people.
"In March, I urged Kansas Attorney General Six to join his colleagues around the nation in challenging the constitutionality of this legislation and to protect Kansans from this massive intrusion by the federal government, but he declined. Since then I have continued to work to stop this unconstitutional policy by signing a petition to force a vote repealing the reforms and joining an amicus brief supporting the challenge to the law in the courts. As this suit makes its way to the Supreme Court I will continue to look for ways to protect Kansans and all Americans from the Democrat's overbearing and harmful health care reform law."