WHY ARE SOME STATES SUING THE FEDERAL GOVERNMENT OVER THE HEALTH CARE REFORM BILL?

by Bill Hickey on June 17, 2010

Anyone who has been reading our various Silkin Management Group blog sites knows that we’ve been writing for months about various aspects of the health care reform bill and its effects on small business. (Silkin Management Group clients are all small businesses.)

Many of you may be aware that some states decided to sue the federal government in the attempt to get this legislation thrown out. Some of my Silkin Management Group clients were curious about this suit, whether it had any merit and, maybe most importantly, what the basis behind the suit was.

Along those lines today I found an interesting article that covers the basic philosophy behind the suit. I found it quite fascinating and wanted to pass it along to our readers. I think you’ll find it interesting whether you agree with it or not.

There are several points to the argument, but the most basic seems to be the following, as pointed out by the author of the article:

“At the core of the lawsuit is the requirement that all individuals purchase qualified healthcare or face a fine. Forcing individuals to purchase something simply because they are alive is unprecedented, and we believe ultimately unconstitutional. The military’s draft is the only exception to this, and Congress’ authority to enact the draft is explicitly provided for in the Constitution, unlike this mandate.”

I suggest Silkin Management Group clients and anyone else reading this blog site read the article and form your own opinion about this suit. The full article can be found here: http://njtoday.net/2010/06/16/why-small-business-joined-the-healthcare-lawsuit/

Bill Hickey
Consultant for Silkin Management Group

For more information about Silkin Management Group visit our website at: www.silkinmanagementgroup.com.

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