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Senator Rubio Files Amicus Brief With 43 GOP Senators To Challenge ObamaCare

May 12, 2011 | Blog

Yesterday, Senator Rubio filed an amicus brief (PDF) with 43 other Senate Republicans to challenge the Democrats’ health care law in the 11th Circuit Court of Appeals. The brief, filed on behalf of the bipartisan, multi-state challenge to ObamaCare, asserts that the law’s Individual Mandate is an unprecedented and unauthorized exercise by Congress because it mandates citizens to engage in economic activity and punishes those who do not participate. The brief also notes that if this mandate is deemed constitutional, there will cease to be a limit on Congress’s power to regulate its citizens under the Commerce Clause. In essence, this law blurs the constitutional distinction between federal and state regulatory authority.

Senator Rubio has voted on multiple occasions to repeal ObamaCare. In January, keeping true to his campaign promise to do so, Senator Rubio’s first legislation as an original co-sponsor was an ObamaCare Repeal bill. Furthermore, he has supported previous court rulings that have deemed the overreaching health care law unconstitutional.