The first legal challenge to the historic health care reform bill passed earlier this year to be heard in court is not the one filed by Michigan Attorney General Mike Cox and more than a dozen other state AGs, it’s one filed by the Ann Arbor-based Thomas More Law Center on behalf of several Michigan residents who object to the law.
The U.S. District Court in Detroit heard oral argument Wednesday on a motion for a preliminary injunction to prevent that bill from taking effect while the lawsuit is pending. The plaintiffs made their argument:
“There is no precedent for this power grab,” Robert Muise, an attorney with the Thomas More Law Center, said in arguing for an injunction blocking the $940 billion program.
Muise told U.S. District Judge George C. Steeh that Congress can regulate economic activity, but a decision to not purchase health insurance is non-activity and beyond the scope of government regulation.
“Congress has authority to do any number of things to improve health care,” Muise said. “But the Constitution limits Congress to what it can impose on individuals. We are here because the Congress violated the U.S. Constitution by forcing individuals to engage in a commercial activity.”
But as the DOJ attorney representing the government told the court, such a requirement is not unusual at all. States, including Michigan, routinely require the purchase of auto insurance in order to own a car. Those who live in flood plains are also required to purchase flood insurance.
I would be shocked — very shocked — if the judge grants such an injunction in this case.