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| Date: | May 12, 2011 | | Contact Name: | Peter D. Winiecki | | Contact Phone: | 651-297-8077 | | Contact Email: | peter.winiecki@senate.mn | | For Immediate Release | |
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| MINNESOTA AND NORTH CAROLINA LEGISLATORS FILE AMICUS BRIEF CHALLENGING THE CONSTITUTIONALITY OF OBAMACARE Both say federal government is imposing unconstitutional burdens on state governments |
(St. Paul) – On Wednesday, Republican legislators from Minnesota and North Carolina filed an amicus brief supporting the twenty-six plaintiff states in their case against the federal government challenging the federal healthcare legislation signed into law last year by President Obama. The act was found unconstitutional by Judge Roger Vinson in U.S. District Court.
Led by Representatives Torrey Westrom (R-Elbow Lake) and Doug Wardlow (R-Eagan), the brief was joined by 92 Minnesota Legislators, including House and Senate Leadership, as well as leaders in the North Carolina General Assembly.
“Our amicus brief adds the voices of the representatives of the people of Minnesota and North Carolina to the growing chorus of opposition to ObamaCare’s unprecedented usurpation of state sovereignty,” said Rep. Wardlow.
In addition to the unconstitutionality of the individual mandate that fines or jails people for not purchasing health insurance, the legislators assert that the healthcare law exceeds Congressional spending authority granted in the U.S. Constitution and defined by the Supreme Court.
“State Legislators take an oath to uphold our state and federal Constitution, and it is our duty to not be complicit in allowing the federal government to violate the Commerce Clause and Tenth Amendment-no matter how good or bad the legislation is,” said Rep. Westrom. “Today, we are defending states’ rights and standing up for individual freedoms our Constitution intentionally intended to reserve to the people and states.”
Both states express concern that massive new costs to states will crowd out established state spending priorities, and will inhibit the ability of legislators to address future state needs. “We will not roll over when federal authorities abuse their power and pass unconstitutional laws,” added Sen. Phil Berger, President Pro Tempore of the North Carolina Senate.
“Minnesotans want us to challenge ObamaCare in every aspect and at every level,” said Sen. Julianne Ortman (R-Chanhassen). “The financial burden on the state budget is immense and the extraordinary plan to require individuals to purchase insurance deserves close examination by our courts. Congress violated the limits of the Commerce Clause in imposing these new mandates; this provision in our federal constitution has never been used in this way.”
The brief was drafted, pro bono, by Hans Bader of the Competitive Enterprise Institute, and counsel for the North Carolina General Assembly. Mr. Bader also crafted former Gov. Pawlenty’s brief supporting the states in this matter.
Signers of the Amicus Brief include:
The following Members of the Minnesota House of Representatives:
Rep. Kurt Zellers, Speaker of the Minnesota House of Representatives
Rep. Matt Dean, Majority Leader of the House of Representatives
Rep. Torrey Westrom
Rep. Doug Wardlow
Rep. Steve Drazkowski
Rep. Kelby Woodard
Rep. Pat Mazorol
Rep. Dan Fabian
Rep. Kurt Bills
Rep. Ron Shimanski
Rep. Mary Kiffmeyer
Rep. Larry Howes
Rep. Glen Gruenhagen
Rep. Chris Swedzinski
Rep. King Banaian
Rep. Bruce Anderson
Rep. Kathy Lohmer
Rep. Debra Kiel
Rep. Paul Torkelson
Rep. Mike Benson
Rep. Paul Anderson
Rep. Duane Quam
Rep. Bruce Vogel
Rep. Bud Nornes
Rep. Tony Cornish
Rep. Ernie Leidiger
Rep. Morrie Lanning
Rep. Joyce Peppin
Rep. Linda Runbeck
Rep. Bob Barrett
Rep. Carolyn McElfatrick
Rep. Diane Anderson
Rep. David Hancock
Rep. Rich Murray
Rep. Roger Crawford
Rep. Sondra Erickson
Rep. Gregory Davids
Rep. Pamela Myhra
Rep. Tim Sanders
Rep. Timothy Kelly
Rep. Jennifer Loon
Rep. Mary Franson
Rep. Mike LeMieur
Rep. Kurt Daudt
Rep. Branden Petersen
Rep. Andrea Kieffer
Rep. Jim Abeler
Rep. Bob Dettmer
Rep. Denny McNamara
Rep. Kirk Stensrud
Rep. Peggy Scott
Rep. Mark Murdock
Rep. Keith Downey
Rep. Michael Beard
Rep. Tara Mack
Rep. Sarah Anderson
Rep. Dean Urdahl
The following members of the Minnesota State Senate:
Sen. Gretchen Hoffman
Sen. Sean Nienow
Sen. Mike Parry
Sen. David Brown
Sen. Roger Chamberlain
Sen. Julianne Ortman
Sen. Michelle Fischbach, President, Minnesota Senate
Sen. Amy Koch, Majority Leader, Minnesota Senate
Sen. Geoff Michel, Deputy Majority Leader, Minnesota Senate
Sen. Scott Newman
Sen. Paul Gazelka
Sen. David Hann
Sen. Warren Limmer
Sen. Dan Hall
Sen. Joe Gimse
Sen. Dave Thompson
Sen. Bill Ingebrigtsen
Sen. Pam Wolf
Sen. Mike Jungbauer
Sen. Ted Daley
Sen. Ray Vandeveer
Sen. Michelle BensonC-6
Sen. Al DeKruif
The following members of the North Carolina State Legislature:
Sen. Philip E. Berger, President Pro Tempore, North Carolina Senate
Rep. Thom Tillis, Speaker of the North Carolina House of Representatives
Sen. Harry Brown, Majority Leader, North Carolina Senate
Rep. Paul “Skip” Stam, Majority Leader, North Carolina House of Representatives
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