Georgia Department of Law, from the office of Samuel S. Olens, Attorney General


Georgia and 25 States Argue that Healthcare Law is Unconstitutional before 11th Circuit Court of Appeals

June 8, 2011

The 11th Circuit Court of Appeals heard oral arguments today in the lawsuit filed by 26 states, including Georgia, and other plaintiffs challenging federal healthcare reform. Former United States Solicitor General Paul Clement argued on behalf of the States.

“We are fortunate to have Paul Clement, the nation’s preeminent appellate advocate, presenting our argument today before the 11th Circuit Court of Appeals,” said Attorney General Sam Olens. “He and his talented legal team are committed to ensuring that the States are successful in our Constitutional challenge to federal healthcare reform.”

The States and other plaintiffs are challenging federal healthcare reform on the grounds that it exceeds Congress’s powers as enumerated in the Constitution, infringes on individual liberty, and unconstitutionally commandeers the States.

“The law passed on partisan lines by Congress last year blatantly violates the U.S. Constitution by mandating Americans to enter the marketplace and purchase products,” said Attorney General Sam Olens. “This direct assault on individual liberty exceeds Congress’s enumerated powers. Additionally, the law significantly alters the Medicaid program and passes on massive costs and more requirements to the States. I am hopeful that the court will agree with Judge Vinson that the law must be struck down.”