Indiana Attorney General Curtis Hill has joined a 20-state coalition urging a federal district court in Texas to hold the Affordable Care Act’s (ACA) individual mandate is unconstitutional and to enjoin the entire law.
The complaint, filed late Monday, explains that the ACA, as recently amended, forces an unconstitutional and irrational regime onto the states and their citizens. In NFIB v. Sebelius, the U.S. Supreme Court narrowly upheld the core provision of the ACA — the individual mandate — as a “tax.” However, Congress recently has repealed this tax while leaving the mandate in place. Since the Supreme Court has already held that Congress has no authority to impose such a mandate on Americans absent invoking its taxing authority, the ACA is now unconstitutional.
UPDATE: On Tuesday, Attorney General Hill participated in a press conference about this issue at the Heritage Foundation in Washington D.C. with several attorneys general from other states.
“The foundation on which the Supreme Court built a case for Obamacare’s constitutionality no longer exists,” Attorney General Hill said. “Without any congressional taxing authority supporting the structure, the whole house of the Affordable Care Act must come crumbling down.”