National Federation of Independent Business said on Friday it will challenge in court the constitutionality of a new Law on health insurance reform in the country.
“Small business owners everywhere have a fear that unconstitutionally new orders, rules and countless new tax laws will destroy the health of their business and their ability in order to create jobs,” said Federation president Dan Danner.
Federation, which claims to represent 350,000 members, has joined the attorneys general and governors of 20 states in a difficult case the protection of patients and accessible protection of the law.
Legal scholars say it is difficult but not impossible to win a constitutional challenge against the law. Opponents attack the constitutionality of the Americans required up to 2014 have health insurance through employer, government program or purchase.
Federation lawyers have decided to channel the opposition of its members ‘national presence’ provided by the case of States “.
Lawyers for the Obama administration argue that the health insurance coverage is required by the body and rest on the power of Congress to fix interstate commerce.
Although opponents argue that new legislation is an attack on personal liberty, proponents counter that the decision does not have health insurance is not just a personal choice because someone else has to pay for the care for uninsured receive when they are sick or injured.
“Individual decisions to forego insurance coverage, in aggregate, substantially affect interstate trade by shifting the costs of providing health care and society,” the Ministry of Justice said in legal papers filed this week.
Constitutional challenge is as much a political statement as a legal one. Opponents are mostly Republicans who opposed the concept of universal coverage. The trial is expected to figure seen in the political campaign leading up to elections in November