Firm News

Partner Mike Carvin testifies before Senate Judiciary Committee on constitutionality of individual mandate imposed by Patient Protection and Affordable Care Act

On February 2, 2011 Washington partner Mike Carvin of the Firm's Issues & Appeals Practice testified before the Senate Judiciary Committee that the individual mandate imposed by the Patient Protection and Affordable Care Act is unconstitutional. In his testimony, Mike stated that: "The mandate expands the federal government’s reach beyond its traditional regulation of voluntary activities by instead punishing inactivity – the mere failure to purchase health insurance." He further testified that the mandate far exceeds Congress's powers under the Commerce Clause because "inactivity cannot be commerce or anything resembling commerce because it does not involve the transmission of goods or currency between people, or any activity which is in any way antecedent to such interactions."

Mike's testimony follows the recent ruling by U.S. District Court Judge Roger Vinson in Florida in a multi-state challenge to the health-care law that neither the Commerce Clause nor the Necessary and Proper Clause provides authority for the federal government to require Americans to purchase health insurance against their will.

Mike's testimony before the Committee may be found here.