A Constitutional Challenge to Health 'Reform'?

By Dr. Jeff Mirus ( bio - articles - email ) | Jan 18, 2010

In addition to being a personal friend, Bob Marshall is a leading pro-life politician in the State of Virginia, and a consummate pro-life strategist. As a member of the Virginia House of Delegates, Marshall is committed to derailing President Obama's efforts to implement a health care plan which escalates the war on unborn children, and forces American citizens to pay for it.

In studying the proposed health care bill, Marshall has noticed what he believes to be a blatantly unconstitutional provision: The requirement that Americans purchase private health insurance. According to Marshall, the government has never succeeded in enforcing laws that require citizens to make particular private purchases. Moreover, if once such a requirement is enacted and successfully enforced, Marshall rightly wonders where it would end. This is not only an interesting observation; it suggests an effective strategy for getting the courts to pronounce the current Federal health care initiative dead on arrival.

Delegate Marshall has been distributing a PDF file which explains this strategy and why it has legs. He highly recommends it to other pro-life leaders in other jurisdictions. You can download the PDF file here: Constitutionality of Individual Health Mandates Challanged.

And remember: If you're sympathetic to better health care for the poor, so are we. It is the insistence on making abortion more widespread and paying for it with taxes that is making health care such an intractable issue. It is the proponents of the current health care bill who have unconscionably politicized the issue, not its opponents. If the Democratic leadership weren't so bent on a culture of death, compromise would be eminently possible on other controversial points.

As it is, anything that delays the implementation of what is now frequently called Obamacare would provide time for the election of a more balanced House of Representatives and Senate, which would almost certainly not only eliminate abortion from the bill but also implement bi-partisan compromises to improve the plan and control its costs. For those who really want to extend beneficial health care to those in need, the Marshall Plan may prove to be the way to start over and get it right.