Bishop Joins in Amicus Brief Challenging Constitutionality of Obamacare’s Individual Mandate

WASHINGTON– Congressman Rob Bishop (R-UT) joined with 118 fellow Members of Congress to challenge the constitutionality of a component of the Affordable Care Act (ACA) known as the individual mandate. 

The individual mandate requires all Americas to purchase health insurance under penalty of law.   The amicus brief filed today in the U.S. Supreme Court by the American Center for Law and Justice (ACLJ) urges the high court to uphold the decision of a lower court, which found the individual mandate to be unconstitutional.

“It was obvious from the get go that in passing this bill, Congress was acting beyond its constitutional authority.  At the time, the Democrat majority was so intent on fulfilling their political agenda they ignored concerns that Obamacare was an egregious and likely unconstitutional overreach by Congress.  Both have proved to be true.  Obamacare is flawed unconstitutional legislation that must be repealed.  The individual mandate is one of the many components within the bill that strip Americans of their freedom to have choices and options when it comes to addressing their healthcare needs.  I am proud to be one of the 119 Members included in the amicus brief and will continue to support efforts to repeal the bill in its entirety,” said Congressman Bishop.

The brief contends: “The individual mandate exceeds the outermost bounds of Congress’s Article I authority and is inconsistent with the constitutional system of dual sovereignty that divides power between the federal and State governments. The individual mandate’s unprecedented requirement to buy a product from a private company is inconsistent with our constitutional tradition. Although the ACA is the first federal law relying on the Commerce Clause to cross the line between encouraging increased market activity and mandating individual purchases, it will certainly not be the last if the individual mandate is upheld.”