In a blog posting, White House adviser Stephanie Cutter responds to today's federal court ruling that part of the health-care law is unconstitutional:
Today's narrow ruling in Virginia on the constitutionality of a provision of the Affordable Care Act is just one of many recent rulings on similar cases that have come down in recent months. Since the law passed, opponents of reform have filed more than 20 different legal challenges. Judges have already granted the Administration's motion to dismiss 12 of these cases. And in two cases, federal judges looked at the merits of the opponents' arguments, determined that the Affordable Care Act is constitutional and upheld the law.
We disagree with the ruling issued today in Virginia and the Department of Justice is considering its appeal options.
We are pleased that Judge Hudson agrees that implementation of the law will continue uninterrupted. In the nine months since the health reform law was passed, we've made tremendous progress to strengthen our health care system, including lowering costs and implementing a new patient's bill of rights to end some of the worst insurance company abuses. That work continues. And we're confident that when it's all said and done, the courts will find the Affordable Care Act constitutional.
History and the facts are on our side. Similar legal challenges to major new laws -- including the Social Security Act, the Civil Rights Act, and the Voting Rights Act -- were all filed and all failed. Contrary to what opponents argue the new law falls well within Congress's power to regulate economic activity under the Commerce Clause, the Necessary and Proper Clause, and the General Welfare Clause.
Opponents of reform claim that the individual responsibility requirement - the requirement that all Americans carry a minimum level insurance by 2014 -exceeds Congress' power to regulate interstate commerce because it penalizes economic "inactivity." Make no mistake -- individuals who choose to go without health insurance are actively engaged in economic decision making - the decision to pay for health care out-of-pocket or to seek uncompensated care. Every year millions of those who have chosen to go without health insurance actively seek medical care, which is evident in the billions of dollars spent on uncompensated care every year.
The Affordable Care Act came into being precisely because of the interconnectedness of our health care costs. People who make an economic decision to forego health insurance do not opt out of the health care market, but instead shift their costs to others when they become ill or are involved in an accident and cannot pay. Those costs - $43 billion in 2008 alone - are borne by doctors, hospitals, insured individuals, taxpayers and small businesses throughout the nation. This cost-shift added on average $1,000 to family premiums in 2009 and roughly $410 to an individual premium.