When the Senate Minority Leader Mitch McConnell filed the brief supporting the court case claiming that healthcare reform is unconstitutional, it was hailed as united opposition by the GOP to Obama’s new healthcare law. However, there were a few names missing from the brief.
McConnell recently filed the brief in Florida federal court. The brief argues that the individual mandate section of the Patient Protection and Affordable Care Act, or PPACA, is not constitutional. Those who oppose the individual mandate believe that it gives too much power to Congress, allowing them to regulate the activities of the American people.
Happy To Sign
Thirty-one of McConnell’s GOP colleagues agree with filing the brief and were happy to sign their names. However, the remaining GOP members did not feel the same way.
photo credit: jetheriot
“Where, as in this case with respect to the PPACA’s Individual Mandate, Congress legislates without authority, it damages its institutional legitimacy and precipitates divisive federalism conflicts like the instant litigation,” claims those who signed the brief. “The long term harms that the PPACA may do to our governmental institutions and constitutional architecture are at least as important as are the specific consequences of the PPACA.”
The explanations range from obvious to speculative for the GOP members who decided not to sign the brief. Among the abstainers are three members who will not be around next year.
Senator George Voinovich of Ohio is up for retirement and is no willing to become excessively political in his last days. The same may be true for Senator Judd Gregg of New Hampshire, although his office remained mute when asked why he did not sign the brief.
The Senator’s spokesperson, Otto Heck said, “We are not going to be able to talk about that.” When he was asked why not, he simply said, “We just aren’t going to talk about that.“