Thomas More Law Center Files Court Challenge Moments After Obama Health Care Signed Into Law

Moments after President Obama signed the so-called health care reform bill into law in a televised White House ceremony, the Thomas More Law Center, a national public interest law firm based in Ann Arbor Michigan, filed a federal lawsuit challenging its constitutionality in the Federal District Court for the Eastern District of Michigan.

The purpose of the lawsuit is to permanently enjoin enforcement of the new health care legislation.

Assisting the Law Center as co-counsel in the lawsuit is attorney David Yerushalmi.

The lawsuit was filed on behalf of the Law Center itself, and four individuals from the Southeastern Michigan area.  None of the individuals have private health care insurance; all object to being forced to purchase health care coverage; and all object to being forced to pay for abortions, which is contrary to their religious beliefs.

Named as defendants in the lawsuit are President Obama, Kathleen Sebelius, the Secretary of the Department of Health and Human Services; Eric H. Holder, Jr., U.S. Attorney General; and Timothy Geithner, Secretary of the Department of Treasury.  All the defendants were sued in their official capacity.

Richard Thompson, President and Chief Counsel of the Law Center, commented, “This Act is a product of political corruption and the exercise of unconstitutional power.  Our Founding Fathers envisioned a limited form of government. The purpose of our Constitution and this lawsuit is to insure it stays that way.”

Continued Thompson, “Let’s face it, if Congress has the power to force individuals to purchase health insurance coverage or pay a federal penalty merely because they live in America, then it has the unconstrained power to mandate that every American family buy a General Motors vehicle to help the economy or pay a federal penalty.”

Robert Muise, the Law Center’s Senior Trial Counsel, and David Yerushalmi prepared the lawsuit.  According to the lawsuit, the health care reform law imposes unprecedented governmental mandates that trample upon the personal and economic freedoms of Americans in violation of their constitutional rights. [Click here to read Complaint].

Among the allegations of the lawsuit are the claims that Congress had no authority under the Commerce Clause to pass the law; that by usurping the power reserved for the states and the people, Congress violated the Tenth Amendment; and that by forcing private citizens to fund abortion, contrary to their rights of conscience and the free exercise of religion, Congress violated the First Amendment.

Thompson concluded, “Americans agree that our health care system needs reform.  But they don’t want a federal takeover of the system in the process.  And they don’t want reform by trampling on our Constitution.”

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