First Lower Court Ruling on Substance of Obama Health Care Act Sets Stage for Ultimate Supreme Court Review October 07, 2010  ANN ARBOR, MI – Detroit Federal District Judge George Caram Steeh this afternoon ruled that the Thomas More Law Center and the four Michigan plaintiffs it represented had standing to challenge the Health Care Reform Act and that the challenge was ripe for review. The Judge held, however, that Congress has the authority under its Commerce Clause power to enact the individual mandate provision of the Act, which requires individuals to purchase health care insurance under penalty of federal law. [Read Order here]
Judge Steeh is the first judge to nationally rule on the key objection to the law. The Thomas More Law Center, a national Christian public interest law firm based in Ann Arbor Michigan, sued on behalf of itself and four plaintiffs. By ruling in favor of the plaintiffs on all the jurisdictional issues, the case is in a posture for review by federal appellate courts on the substantive issue of whether the health care law violates the Commerce Clause. Richard Thompson, President and Chief Counsel of the Law Center commented, “Obama Care is one of the most oppressive measures in the history of our Nation. And it was passed by Congress despite overwhelming opposition of the American people. It was not about reforming health care, but government seizure of unprecedented power over our lives. It transfers control of one-sixth of our Nation’s economy to Washington bureaucrats, and it will add an estimated 16,000 to 20,000 additional IRS agents to monitor tax returns and records to determine compliance with the new regulations. We will continue to challenge it in the courts.” According to the Law Center, the court took the extraordinary step of concluding that Congress’ Commerce Clause power does not end at regulating economic activity. Rather, this power can be extended to regulate economic decisions whether made consciously or not. The court stated, “While plaintiffs describe the Commerce Clause power as reaching economic activity, the government’s characterization of the Commerce Clause reaching economic decisions is more accurate.” Rob Muise, The Law Center’s senior trial counsel who handled the case commented, “This decision is ripe for appeal, which we intend to do expeditiously.” The Thomas More Law Center defends and promotes America’s Christian heritage and moral values, including the religious freedom of Christians, time-honored family values, and the sanctity of human life. It supports a strong national defense and an independent and sovereign United States of America. The Law Center accomplishes its mission through litigation, education, and related activities. It does not charge for its services. The Law Center is supported by contributions from individuals, corporations and foundations, and is recognized by the IRS as a section 501(c)(3) organization. You may reach the Thomas More Law Center at (734) 827-2001 or visit our website at www.thomasmore.org. |
