U.S. Senator Kelly Ayotte (R-NH) joined 43 of her Republican Senate colleagues in signing an amicus brief filed Wednesday with the 11thCircuit Court of Appeals in support of the multi-state challenge to the federal health care law enacted by Democrats last year. Senator Ayotte supports repealing the law and replacing it with a market-based approach that would lower costs, allow consumers to purchase insurance across state lines, and include medical malpractice reform.
"While I continue to push for a repeal of the health care takeover, signing this brief reflects my support for the majority of states that are challenging the law in federal court," said Ayotte. "As a result of Obamacare, Americans are now facing higher premiums, new taxes, and burdensome regulations. Onerous penalties stand to hurt small businesses and discourage hiring. We need to repeal this unfair law and replace it with meaningful reforms that will significantly reduce health care costs and provide consumers with more affordable choices."
The amicus brief states that the individual mandate included in the health care law is unconstitutional because it exceeds Congress' authority under the Commerce Clause. It further argues that if the Court deems the individual mandate constitutional, there would be essentially no limitation on Congress' power to regulate citizens under the Commerce Clause, all but eliminating the constitutional distinction between federal and state regulatory authority.