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May 14, 2010

News Release

Office Of Attorney General Henry McMaster

State of South Carolina

For Immediate Release                                                                                           Contact:  Gene McCaskill

May 14, 2010                                                                                                                             803-734-4255


~ Seven states, National Federation of Independent Businesses and Two Individuals added as plaintiffs ~

Columbia, SC – Attorney General Henry McMaster today announced that South Carolina has joined Florida and 18 other states in filing an amended complaint in the lawsuit challenging the federal health care reform act. The amended complaint now features 20 state plaintiffs; additionally, the National Federation of Independent Business (NFIB) joined the lawsuit as a co-plaintiff on behalf of its members nationwide.

The original lawsuit was filed against the U.S. Department of Health and Human Services, U.S. Department of Treasury and the U.S. Department of Labor on March 23, 2010, minutes after the health care reform act was signed into law by President Obama.

“The federal government has clearly exceeded its constitutional authority.  I am prepared to do anything in my power to protect the people of South Carolina from this unconstitutional action.” said McMaster.

The individual mandate directly affects NFIB and its members by requiring those individuals to obtain health care or pay a penalty, giving NFIB a distinct basis to represent its individual members and join the lawsuit. The seven states that formally joined the lawsuit today are Indiana, North Dakota, Mississippi, Nevada, Arizona, Georgia and Alaska.

“This is a matter of personal freedom. Washington is telling individuals to purchase something simply because they are alive. South Carolina’s small business owners are rightfully concerned that the countless rules, unconstitutional mandates and taxes in the new health care law will devastate their business and their ability to create jobs,” said J.J. Darby, State Director of the National Federation of Independent Business – South Carolina. “There are essentially no limits to what Congress can mandate individuals to do if they can regulate this type of inactivity.”
The lawsuit, filed in federal court in the Northern District of Florida on March 23, alleges that the new law infringes upon the constitutional rights of Floridians and residents of the other states by mandating all citizens and legal residents have qualifying health care coverage or pay a tax penalty. By imposing such a mandate, the law exceeds the powers of the United States under Article I of the Constitution. Additionally, the tax penalty required under the law constitutes an unlawful direct tax in violation of Article I, sections 2 and 9 of the Constitution.

The lawsuit further claims the health care reform law infringes on the sovereignty of the states and Tenth Amendment to the Constitution by imposing onerous new operating rules that STATE must follow as well as requiring the state to spend additional dollars without providing funds or resources to meet the state’s cost of implementing the law.

More information about this lawsuit is available online at


One Comment leave one →
  1. Michael permalink
    May 16, 2010 9:11 am

    Can’t the same arguments be stated for Social Security?

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