House Resolution 9 - Introduced HOUSE RESOLUTION NO. 9 BY WATTS A Resolution requesting the Attorney General of the 1 State of Iowa to join with other states that have 2 filed suit challenging the constitutionality of the 3 federal Patient Protection and Affordable Care Act, 4 as amended by the federal Health Care and Education 5 Reconciliation Act of 2010. 6 WHEREAS, the United States Constitution establishes 7 a limited federal government, as expressed in the Bill 8 of Rights, that protects the freedom of individuals and 9 the rights of states; and 10 WHEREAS, the United States Congress is urged 11 to enact legislation that respects and recognizes 12 the rights of individuals, families, groups, and 13 communities to make decisions about their health care 14 insurance and treatment options; and 15 WHEREAS, the “individual mandate” provision included 16 in the federal Patient Protection and Affordable Care 17 Act, Pub. L. No. 111-148, as amended by the federal 18 Health Care and Education Reconciliation Act of 2010, 19 Pub. L. No. 111-152, requires all individuals to 20 purchase health insurance products and services; and 21 WHEREAS, such individual mandates are contrary to 22 the rights of a free and prosperous people and deny 23 individuals the right to make one of the most basic 24 health care decisions for themselves and their loved 25 ones; and 26 WHEREAS, the United States Supreme Court has 27 recognized each individual’s freedom to refuse health 28 -1- LSB 1653YH (3) 84 av/rj 1/ 2
H.R. 9 care treatment; and 1 WHEREAS, On January 19, 2010, Florida Attorney 2 General Bill McCollum sent to congressional leaders an 3 analysis in which he outlined the unconstitutionality 4 of the individual health care mandates; and 5 WHEREAS, according to Attorney General McCollum’s 6 analysis, the United States Congress does not possess 7 the constitutional authority to compel individuals 8 under threat of government fines or taxes to purchase 9 an unwanted product or service simply as a condition of 10 living in this country; and 11 WHEREAS, with the legislation now passed, Attorney 12 General McCollum has filed suit to challenge the 13 constitutionality of that provision; and 14 WHEREAS, currently numerous other states including 15 Alabama, Colorado, Idaho, Michigan, Nebraska, 16 Pennsylvania, South Carolina, South Dakota, North 17 Dakota, Texas, Utah, Washington, Louisiana, Indiana, 18 Arizona, and Nevada have joined in the suit; NOW 19 THEREFORE, 20 BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, That 21 the House of Representatives requests that the Attorney 22 General of the State of Iowa bring an action in the 23 United States District Court challenging the federal 24 Patient Protection and Affordable Care Act, Pub. 25 L. No. 111-148, as amended by the federal Health 26 Care and Education Reconciliation Act of 2010, Pub. 27 L. No. 111-152, in order to protect the rights and 28 freedoms that have been guaranteed to Iowans under the 29 Constitution of the United States of America. 30 -2- LSB 1653YH (3) 84 av/rj 2/ 2