An Iowa City man has filed a lawsuit against U.S. Department of Health and Human Services, alleging a clause in this year’s federal health care reform law requiring individuals to purchase health insurance is unconstitutional. Matt Sissel, who is currently living in Canada, filed the suit and is being represented by California-based Pacific Legal Foundation.
More than a handful of state governments are challenging the same clause of the law. In Iowa, Attorney General Tom Miller said he won’t pursue litigation, while his Republican challenger, Brenna Findley, has promised to.
Sissel is an artist and retired military National Guard member. He says he makes enough money to afford medical services on his own and doesn’t want to purchase insurance.
The Press-Citizen reports:
“I find the individual mandate to be immoral,” Sissel said Wednesday in a telephone interview. “The reason why I think it’s immoral is because it’s a group of people that are deciding what’s best for me in my life. … What it’s trying to do is punish me by forcing me to pay for health care or pay a fine.”
Sissel states in the lawsuit that forcing him to obtain health insurance would adversely affect his pursuit of a career in art. The lawsuit states that if forced to pay health insurance premiums, Sissel would not be able to afford his art education, attend conferences and workshops or travel abroad to view historic artwork in person.
The Pacific Legal Foundation contends the insurance mandate violates the commerce clause in the U.S. Constitution.
“The Commerce Clause authorizes the government to regulate the commerce that people freely engage in,” attorney Paul Beard said. “It is not a license for the federal government to order us to buy particular goods or services – or else.”
But that point may be moot. It has begun to look less likely the government will invoke the commerce clause in defense of requiring citizens to purchase health care coverage. Because citizens who fail to comply are penalized with a fee, the Obama administration will likely cite the government’s taxing power.
That tactic represents a shift for President Barack Obama. Until recently, he had been careful not refer to mandate penalties as taxes. At one point he mandating health insurance “absolutely not a tax increase.”