HOUSE RESOLUTION NO. 9

BY  WATTS

A Resolution requesting the Attorney General of the State of Iowa to join with other states that have filed suit challenging the constitutionality of the federal Patient Protection and Affordable Care Act, as amended by the federal Health Care and Education Reconciliation Act of 2010.

   WHEREAS, the United States Constitution establishes a limited federal government, as expressed in the Bill of Rights, that protects the freedom of individuals and the rights of states; and
   WHEREAS, the United States Congress is urged to enact legislation that respects and recognizes the rights of individuals, families, groups, and communities to make decisions about their health care insurance and treatment options; and
   WHEREAS, the “individual mandate” provision included in the federal Patient Protection and Affordable Care Act, Pub. L. No. 111-148, as amended by the federal Health Care and Education Reconciliation Act of 2010, Pub. L. No. 111-152, requires all individuals to purchase health insurance products and services; and
   WHEREAS, such individual mandates are contrary to the rights of a free and prosperous people and deny individuals the right to make one of the most basic health care decisions for themselves and their loved ones; and
   WHEREAS, the United States Supreme Court has recognized each individual’s freedom to refuse health care treatment; and
   WHEREAS, On January 19, 2010, Florida Attorney General Bill McCollum sent to congressional leaders an analysis in which he outlined the unconstitutionality of the individual health care mandates; and
   WHEREAS, according to Attorney General McCollum’s analysis, the United States Congress does not possess the constitutional authority to compel individuals under threat of government fines or taxes to purchase an unwanted product or service simply as a condition of living in this country; and
   WHEREAS, with the legislation now passed, Attorney General McCollum has filed suit to challenge the constitutionality of that provision; and
   WHEREAS, currently numerous other states including Alabama, Colorado, Idaho, Michigan, Nebraska, Pennsylvania, South Carolina, South Dakota, North Dakota, Texas, Utah, Washington, Louisiana, Indiana, Arizona, and Nevada have joined in the suit; NOW THEREFORE,

   BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, That the House of Representatives requests that the Attorney General of the State of Iowa bring an action in the United States District Court challenging the federal Patient Protection and Affordable Care Act, Pub. L. No. 111-148, as amended by the federal Health Care and Education Reconciliation Act of 2010, Pub. L. No. 111-152, in order to protect the rights and freedoms that have been guaranteed to Iowans under the Constitution of the United States of America.