TALLAHASSEE, FL – Attorney General Bill McCollum today issued the following
statement after the U.S. Department of Justice filed its motion to dismiss
the constitutional challenge to the federal health care act brought by
Florida and 19 states, the National Federation of Independent Business
(NFIB), and persons affected by the individual mandate:
“Nothing in the Justice Department’s motion filed last night changes the
States’ view that we will prevail. Instead, the Justice Department’s
defenses clash directly with comments made by President Obama during the
debate on the health care reform bill, including the President’s insistence
on national television that the purchase mandate was absolutely not a tax.
Yet in its motion to dismiss, the Obama Administration defends the
individual mandate under Congress’ ‘taxing and spending’ power.
“Not only does the U.S. Department of Justice contradict public statements
made by the President and Congressional leadership, it demonstrates in its
motion to dismiss that it seems to view this lawsuit by the 20 states and
NFIB as a significant challenge, signaling this lawsuit may pose more of a
threat in its chances for success.
“Our lawsuit challenges the individual mandate that violates the U.S.
Constitution. Furthermore, the federal government is threatening our state
sovereignty with this unprecedented expansion of federal powers and
commandeering of state resources. This is not acceptable, and we will
pursue this litigation as far as necessary to obtain relief for our
citizens and our states.”
The lawsuit was filed on March 23, 2010 with 13 original state plaintiffs
and was amended on May 14, 2010 to add seven additional states and the
National Federation of Independent Business, as well as two individual
Contact: Ryan Wiggins