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March 24, 2010 Jay Finegan, 287-1445
Rep. Cushing Files Resolution Urging AG Mills to Join Lawsuit over Insurance Mandate

AUGUSTA – State Rep. Andre Cushing has filed a joint resolution calling on Maine Attorney General Janet Mills to join a lawsuit charging that the individual insurance mandate in the new health care law is unconstitutional.

“In my view, the requirement that every American must buy health insurance or else face a fine is unconstitutional,” said Rep. Cushing (R-Hampden). “Congress is trying to say that the absence of economic activity can be regulated by the Commerce Clause. That seems preposterous. Congress has no authority to order you to buy a product or service you don’t want.

“The attorneys general of 13 other states have banded together in a lawsuit against the federal government,” he added. “This resolution urges Attorney General Mills to join in the fight against this appalling abuse of power.”

Before the joint resolution can proceed to the Legislature, it must be cleared by the Legislative Council – six Democratic leaders and four Republican leaders. The Council convenes Thursday, March 25, at 1:30 p.m. If the resolution clears that hurdle, it will go to the full House and Senate.

All House Republicans except the two leaders have signed a letter of support to the Legislative Council. The leaders, Rep. Josh Tardy (R-Newport) and Rep. Phil Curtis (R-Madison), serve on the Council. Since they will actually receive the letter, they were not asked to sign.

So far, 14 states are challenging the constitutionality of the new law – the so-called Patient Protection and Affordable Care Act. They include Florida, South Carolina, Nebraska, Texas, Michigan, Utah, Pennsylvania, Alabama, South Dakota, Louisiana, Idaho, Washington, Colorado and Virginia, which plans to file a separate lawsuit.

Rep. Cushing’s resolution states that the 10th Amendment to the U.S. Constitution restricts the federal government from exercising power or authority beyond the limited powers granted it under the Constitution. The resolution reads: “No public policy goal – no matter how important or well-intentioned – can be allowed to trample the protections and rights guaranteed by the Constitution.”

“Every member of this Legislature has taken an oath to uphold the Constitution of the United States,” said Rep. Cushing. “If that oath is to have any meaning, this resolution must go forward. We are a nation of laws, and the Constitution is the foundation of our country. We ignore it at our peril.”

State Sen. Debra Plowman (R-Penobscot) is sponsoring the resolution in the Senate.

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