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Camp, Herger Statement on Supreme Court Decision to Review Constitutionality of Democrats’ Health Care Overhaul

November 14, 2011

Washington, DC – Today, Ways and Means Chairman Dave Camp (R-MI) and Health Subcommittee Chairman Wally Herger (R-CA) released the following statement in reaction to the announcement that the Supreme Court will review the constitutionality of the Democrats’ health care overhaul.  

“The decision by the United States Supreme Court to review the multiple challenges to the constitutionality of the Democrats’ health care overhaul is welcome news.  The requirement that Americans purchase government-approved health insurance is an abuse of Congressional power.  It is both unpopular and unconstitutional, and I am pleased that the court is acting swiftly to address the issues in this case so that the families, employers, and states can have some certainty going forward.”     

In its grant of Certiorari the Supreme Court will review:

  1. The constitutionality of individual mandate;
  2. The severability of the individual mandate from the rest of the Democrats’ health care law (the purpose of this is to determine that if the mandate is ruled unconstitutional, whether the remainder of the law will be null and void;) and,
  3. Whether a challenge to the individual mandate is barred by the “Anti-Injunction Act,” (does the Court have to wait until an individual actually pays the penalty for failing to comply with the individual mandate before a challenge to its constitutionality can be heard.)