Thursday, November 18, 2010

Republican Senators file amicus brief in Florida v. HHS

A group of 32 Republican Senators today filed an amicus brief in support of the states in Florida v. HHS. You can find the brief here. The Senators signing onto the brief are Mitch McConnell, Orrin Hatch, John Barrasso, Kit Bond, Sam Brownback, Jim Bunning, Richard Burr, Saxby Chambliss, Tom Coburn, Thad Cochran, Susan Collins, Bob Corker, John Cornyn, Mike Crapo, Jim DeMint, John Ensign, Mike Enzi, Chuck Grassley, Kay Bailey Hutchison, James Inhofe, Johnny Isakson, Mike Johanns, Jon Kyl, George LeMieux, John McCain, James Risch, Pat Roberts, Richard Shelby, Olympia Snowe, John Thune, David Vitter, and Roger Wicker.

Like John Boehner, the Senators only argue that the minimum coverage requirement exceeds Congress's enumerated powers. They do not address the commandeering question with respect to the ACA's Medicaid amendments.