State Lawmakers To File Brief to Supreme Court Defending Reform Law

On Thursday, more than 480 state lawmakers are expected to file a brief with the Supreme Court saying it should uphold the individual mandate in a multistate challenge against the federal health reform law, The Hill's "Healthwatch" reports.

About the Brief

The brief was developed through a partnership between the Progressive States Network, the Working Group of State Legislators for Health Reform and the Constitutional Accountability Center. The group includes at least one lawmaker from every state, including the 26 states that are plaintiffs in the lawsuit (Baker, "Healthwatch," The Hill, 1/11).

The state lawmakers aim to counter the attention received by governors and attorneys general who oppose the overhaul (Norman, CQ HealthBeat, 1/11).

Details of Arguments

The brief argues that the individual mandate falls within Congress' powers to regulate interstate commerce granted by the commerce clause in the Constitution.

According to a summary of the brief, it states, "The idea that the federal government does not have the power to address a national problem such as the health care crisis has no basis in the Constitution's text and history" ("Healthwatch," The Hill, 1/11).

The brief also argues that the law establishes federal mechanisms for reforming health care while allowing states to tailor certain implementation measures to their needs (CQ HealthBeat, 1/11).