March 27, 2019
Washington, D.C.
Signatures updated 3/28/19
Conservatives applaud President Donald Trump’s Department of Justice informing a federal appeals court that its individual mandate is unconstitutional and cannot be severed from the Affordable Care Act (ACA), and thus that the courts must strike down Obamacare entirely.
President Trump took a bold and principled stand when he repealed the tax element of the individual mandate. That took away the fig leaf that prevailed at the Supreme Court by a 5-4 vote to save the essential heart of Obamacare. Moreover, the President’s tax cut left in federal law all the congressional findings about how the individual mandate is essential to Obamacare functioning.
Those congressional findings include that the individual mandate “is an essential part of this larger regulation of economic activity, and the absence of the requirement would undercut Federal regulation of the health insurance market.” Congress repeated for emphasis that the mandate “is essential to creating effective health insurance markets.”
Most unconstitutional laws are only partially unconstitutional. Typically a court will strike down an invalid provision, then sever it from the rest of the statute, to preserve the rest of the statute.
But the Supreme Court has held numerous times over many years that sometimes an unconstitutional provision cannot be severed from a statute, and so the entire law must go down. An invalid provision cannot be severed from a statute if either the remaining provisions of the statute no longer “function in a manner consistent with the intent of Congress,” or if Congress would not have passed the law as it is written without that invalid provision.
Congress’s findings make clear that the ACA cannot function in the manner Congress intended without the individual mandate. That makes Section 1501 of the ACA – which is the individual mandate – nonseverable from the other 450 sections of that statute. And Congress would not have passed the countless billions in costs arising from the other sections without an individual mandate to offset at least part of those costs. The individual mandate therefore fails both prongs of the Supreme Court’s severability test.
Texas Attorney General Ken Paxton was right to lead a twenty-state legal challenge arguing that President Trump’s repeal of the individual mandate means the entire law is unconstitutional. The multi-state coalition made their argument extremely well, and earned victory in the federal trial court.
President Trump’s decision to have his Justice Department support the Texas-led coalition deserves the support of all conservatives, and is a prime example of presidential leadership—particularly as Congress has repeatedly failed to address full repeal. The ACA is still being defended by various Democrat attorneys general, so this matter will still have its day in court.
The United States does not have a healthcare crisis; it has a healthcare financing crisis. Americans have the best healthcare system in the history of the world, and the challenge for policymakers is how to make health insurance more affordable, accessible, portable, and sustainable.
Conservatives support President Trump’s ongoing efforts to liberate the nation from the stifling regulatory burden and costs of Obamacare, and look forward to working with the President to enact free-market based health finance reforms once Obamacare no longer prevents those efforts.
| The Honorable Edwin Meese III Attorney General President Ronald Reagan (1985-1988) |
Alfred S. Regnery Chairman, Conservative Action Project Chairman, Law Enforcement Legal Defense Fund |
| The Honorable J. Kenneth Blackwell Chairman Constitutional Congress, Inc. |
Diana Banister President and Partner Shirley & Banister Public Affairs |
| Kenneth A. Klukowski, Esq. Senior Fellow American Civil Rights Union |
Rachel Bovard Policy Director Senate Steering Committee (2014-2015) |
| Adam Brandon President FreedomWorks |
David Bozell President ForAmerica |
| Ed Corrigan Vice Chairman, Conservative Action Project Executive Director, Senate Steering Committee (2003-2012) |
The Honorable Kenneth T. Cuccinelli, II President Senate Conservatives Fund |
| The Honorable Jim DeMint Member, South Carolina United States Senate (2005-2013) |
Myron Ebell Director, Center for Energy and Environment Competitive Enterprise Institute |
| Jenny Beth Martin Chairman Tea Party Patriots Citizen Fund |
The Honorable Bob McEwen U.S. House of Representatives Former Member, Ohio |
| The Honorable David McIntosh President Club for Growth |
Cleta Mitchell, Esq. Partner Foley & Lardner LLP |
| Noah Wall Vice President of Advocacy FreedomWorks |
William L. Walton Chairman CNP Action, Inc. |
| Matt Schlapp Chairman American Conservative Union (ACU) |
Dan Schneider Executive Director American Conservative Union (ACU) |
| Tom McClusky President March for Life Action |
The Honorable T. Kenneth Cribb, Jr. Chief Domestic Advisor President Ronald Reagan (1987-1988) |
| Tim Chapman Executive Director Heritage Action for America |
The Honorable Colin A. Hanna President Let Freedom Ring, Inc. |
| The Honorable Becky Norton Dunlop White House Advisor President Ronald Reagan (1981-1985) |
Lt. Gen. William G. Boykin (Ret.) Executive Vice President Family Research Council |
| L. Brent Bozell, III Founder and President Media Research Center |
Daniel Perrin President The HSA Coalition |
| David N. Bossie President Citizens United |
The Honorable Donald Devine Former Director U.S. Office of Personnel Management |
| Dr. Floyd Brown Chairman America Fighting Back PAC |
Donna Rice Hughes CEO Enough Is Enough |
| The Honorable Tom DeLay Former Majority Leader U.S. House of Representatives |
Kristan J. Hawkins President Students for Life of America Students for Life Action |
| Rod D. Martin Founder and CEO The Martin Organization, Inc. |
Sherri R. Martin Executive Vice President The Martin Organization, Inc. |
| Haley E. Martin President The Martin Foundation |
Nicholas Stehle Campaign for the American Future |
| Shawn A. Mitchell Former National Chaplain National Federation of Republican Assemblies (NFRA) |
Jerry Melvin Former Dean Florida House of Representatives |
| Lew Uhler President National Tax Limitation Committee |
Melissa Ortiz Visiting Fellow Independent Women’s Forum |
| Janice Shaw Crouse, Ph.D. Crouse Institute: Faith, Family, Culture |
Virginia Armstrong National Court Watch Chairman National Eagle Forum |
| Mike Spence Founding President Conservative Republicans of California |
The Honorable Bob Adams Revive America PAC |
| William W. Pascoe, III Board Member Tea Party Patriots Action |
Joseph A. Morris Former Asst. AG, Reagan-Meese DOJ Partner, Morris & De La Rosa |
| Seton Motley President Less Government |
Sean Noble President American Encore |
| Ron Robinson President Young America’s Foundation |
Lee Beaman CEO Beaman Automotive Group |
| Jerome R. Corsi, Ph.D. Founder and CEO CorsiNation.com |
Dr. Peter Thomas Chairman Conservative Caucus |
| Bob Carlstrom President The Carlstrom Group, LLC |
Amapola Hansberger President Legal Immigrants for America |
| C. Preston Noell III President Tradition, Family, Property, Inc. |
Willes K. Lee President National Federation of Republican Assemblies |
| Mat Staver Founder and Chairman Liberty Counsel |
Allen J. Hebert Chairman American-Chinese Fellowship of Houston |
| William Shaker CEO Washington Marketing Group |
Roxanne Phillips Member, Executive Committee Council for National Policy |
| Susan A. Carleson Chairman/CEO American Civil Rights Union |
Charlie Copeland President Intercollegiate Studies Institute |
| Sal Russo Co-Founder and Chief Strategist Tea Party Express |
Anne Schlafly Cori Chairman Eagle Forum |
| Ellen Grigsby Director of Institutional Partnerships Open Doors USA |
Judson Phillips Founder Tea Party Nation |
| Ming Hsin Schroeder Retired |
Dr. Richard Rounsavelle Trustee Media Research Center |
| Jake Hoffman President & CEO Rally Forge |
Robert K. Fischer Meeting Coordinator Conservatives of Faith |
| Randy M. Long CEO Long Business Advisors, LLC |
Melvin Adams Past President Renewanation |
| Dr. Frank Wright CEO D. James Kennedy Ministries |
Joan Lindsey President Lindsey Communications |
| J. Keet Lewis Co-Founder Lewis Group Intl. |
Benjamin Case CEO Focused On Fundraising, Inc. |
| James L. Martin Founder/Chairman 60 Plus Association |
Saulius “Saul” Anuzis President 60 Plus Association |
All organizations listed for IDENTIFICATION purposes only.
