08.31.2010 0

Pataki: ObamaCare Individual Mandate “Patently Unconstitutional”

  • On: 09/08/2010 18:29:10
  • In: Health Care
  • By Kevin Mooney

    State lawsuits that argue against the constitutionality of ObamaCare under the Commerce Clause have considerable merit and could potentially come before the U.S. Supreme Court former New York Gov. George Pataki told reporters Wednesday during a question and answer period at The National Press Club.

    Pataki, who is now chairman of Revere America, held a press conference to announce a new campaign aimed against congressional lawmakers who voted for President Obama’s healthcare bill, which passed earlier this year. Television ads will be aired in concert with other campaign efforts in key districts as part of the “Pledge to Win” campaign.

    In response to a question from The American Spectator that asked whether or not the state suits could potentially reach The Supreme Court, Pataki responded “Yes, I do.” But he also said that opponents should not rely on the judiciary alone and work toward the election of a new Congress more responsive to public sentiment.

    “I think that there are legitimate constitutional issues when the federal government is imposing new burdens on the states, new burdens that they have to increase their Medicaid eligibility break when the states pay a significant part of that without providing any funding,” he observed.

    Pataki continued, “I think there are some serious constitutional issues particularly when you are telling someone who just doesn’t want to be a part of the system that you’re going to get health care coverage acceptable to a Washington bureaucrat or we’re going to fine you. I think that is patently unconstitutional so I think there is a real issue of unconstitutional imposition of requirements on states, unconstitutional impositions of fines which they are now calling taxes on people who do not want to be a part of the system.”

    Pataki also commented on what he described as the “corrupt purchasing” of Senate votes.

    “In Florida, seniors get to keep the Medicare Advantage and then in the other 49 states you don’t,” he continued. “There is a real issue as to whether or not it violates the Due Process clause of the Constitution, I believe it does. So I think it’s appropriate that the legal challenges are moving forward. I’m hopeful that they will be successful but you can’t just rely on the judicial system. We have a democratic government and ultimately the Congress should reflect the will of the people. The will of the people is that ObamaCare be repealed and replaced with good healthcare reform. We’re going to try and help people who support those positions get elected this November.”

    Revere America was founded to “promote national awareness of emerging federal law.” The organization’s web site lists reforms that could be pursued as an alternative ObamaCare such as allowing Americans to purchase insurance across state lines. It also documents ten hidden taxes included in the health care legislation.

    Kevin Mooney is a contributing editor to Americans for Limited Government (ALG) News Bureau and the Executive Editor of TimesCheck.com.

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