Health Care Reform Act on trial

November 9, 2010

Attorney General John Suthers Friday staked his claim to the legal high ground on the multi-state health care reform lawsuit by claiming his decision to join the challenge was not about politics.

“It’s not my job to be concerned about health care,” he said. “It is my job to be concerned about a thing called federalism.”

Suthers was joined by Mark Grueskin, chair of Isaacson and Rosenbaum’s Public Law and Policy Practice, at the monthly Buechner Breakfast forum sponsored by the Buechner Institute for Governance at the University of Colorado Denver School of Public Affairs. The forum was moderated by University of Colorado School of Public Affairs Associate Dean Kelly Hupfeld.

“When Attorney General Suthers says his beliefs (about the law’s constitutionality) are sincere, I 100 percent believe him and so should you,” said Grueskin.  But Suthers’ contention that the Commerce Clause covers economic activity but not economic inactivity “right now is a mantra, not a constitutional stand.”

The 20-state lawsuit challenges the constitutionality of the provision to require every American to have health care coverage by 2014 or face a tax penalty.