The lawsuit, first filed by Pacific Justice Institute and former Assemblyman Steve Baldwin in 2009, also challenges the “individual mandate” that compels citizens to buy health insurance, whether they want it or not. The federal district court and Ninth Circuit Court of Appeals slowed down the suit by asserting that the plaintiffs did not have standing, but the new filings highlight additional constitutional problems with the PPACA that pose even more risks. One key concern is the government’s claim of sweeping new authority to collect, archive, and share individuals’ personal medical and financial information.
“The more we analyze this massive, monstrous piece of legislation, the more constitutional flaws we find in it,” said Brad Dacus, the president of Pacific Justice Institute. “If the right to privacy and the Fourth Amendment mean anything, they surely do not allow the federal government to collect and disseminate our highly personal medical and financial information without our consent. Even if the individual mandate were to somehow survive in the Supreme Court, these additional issues we are bringing to light will continue to trip up this ill-conceived, ill-considered law.”
The Supreme Court could decide as early as next Friday, November 11, whether it will hear arguments on the constitutionality of the individual mandate during its current term.