Attorney General lauds order allowing a multistate constitutional challenge to the individual health care mandate to proceed

DENVER — Colorado Attorney General John Suthers said today’s court order from Senior U.S. District Court Judge Roger Vinson underlines that the multistate lawsuit Colorado and more than 20 other states are involved in challenging the federal individual health care mandate is a serious constitutional question ultimately worthy of consideration by the U.S. Supreme Court.

“Colorado joined this lawsuit because of grave concerns we had about the constitutionally questionable ability of the federal government to penalize private citizens’ economic inactivity,” Suthers said. “This unprecedented expansion of federal power, if upheld, would allow Congress to radically expand its ability to mandate that consumers buy particular good or services the federal government deems beneficial or face financial sanctions. Today’s order underlines that this lawsuit poses a critical question concerning the constitutional limits of federal power. We look forward to the federal appellate courts addressing this matter.”

The judge’s order stems from the federal government’s June 16, 2010 motion to dismiss the lawsuit filed by more than 20 states and the National Federation of Independent Business.

The order, Suthers said, tracks alongside what a Virginia U.S. District Court said earlier this year when it declined to dismiss a similar lawsuit the Virginia Attorney General’s Office file against the Patient Protection and Affordable Care Act.

To learn more about the lawsuit or to view filings in the case, visit


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