U.S. Senator Kelly Ayotte (R-NH) joined 42 of her Republican Senate colleagues in signing an amicus brief filed Monday with the U.S. Supreme Court on behalf of the bipartisan, multi-state challenge to the Patient Protection and Affordable Care Act.
"While I will continue my efforts to fully repeal the federal health care takeover, signing this brief reflects my support for the majority of states that are challenging the constitutionality of the law in federal court," said Senator Ayotte. "As a result of the law, Americans are now facing higher premiums, new taxes, and burdensome regulations. We should repeal this unfair law and replace it with common sense, market-based reforms that reduce costs, allow consumers to purchase insurance across state lines, and include medical malpractice reform."
The amicus brief states that the individual mandate included in the president's 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.