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Department of Health & Human Services v. Florida

November 18, 2014
Fourteen states have enacted or adopted “Health Care Freedom Laws” that protect individual freedom of choice in health care plans. In these “Health Care Freedom States,” the Minimum Coverage provision of the Patient Protection and Affordable Care Act (“Individual Mandate”) threatens to quash a traditional exercise of state sovereignty that directly serves the structural purpose of federalism in our compound republic – the protection of individual liberty and decentralized local governance guaranteed by the Bill of Rights. Such federal overreaching must be rejected if the vertical separation of powers established by our Constitution means anything at all.

 

 

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