NFIB-Wisconsin: Small business celebrates decision striking down federal health care law

Contact: Bill G. Smith, 608-576-9872

NFIB says ruling by 11th Circuit affirms its position that law is unconstitutional

Madison (August 12, 2011) — A ruling this afternoon by the 11th Circuit Court of Appeals in Atlanta that the federal Patient Protection and Affordable Care Act violates the US Constitution is a major victory for individual liberty generally and for small businesses specifically, said the National Federation of Independent Business (NFIB) today.

“Our members have argued from the beginning that the federal government overstepped its constitutional authority with the individual mandate,” said State Director Bill G. Smith. “If Congress can force people to purchase a commercial service or a product, then there are virtually no limits on its power over individuals.”

The decision today proceeds from a case brought by NFIB and 26 states, including Wisconsin, who won in a lower federal court earlier this year. At the heart of their challenge is the so-called individual mandate portion of the law, which requires every single American citizen, including small businesses, to purchase health insurance or face fines and penalties.

“It’s already clear that the law has driven up the cost of insurance, which has ranked among the highest concerns for our members for decades,” said Smith. “Thousands of our members are struggling just to keep their doors open and they can’t afford another heavy-handed mandate from the federal government.”

Karen Harned, executive director of the organization’s Small Business Legal Center, said the victory today greatly improves the chances of a win at the Supreme Court level.

“Small-business owners across the country have been vindicated by the 11th Circuit’s ruling that the individual mandate in the health-care law is unconstitutional. The Court reaffirmed what small businesses already knew – there are limits to Congress’ power,” said Harned. “The individual mandate, which compels every American to buy health insurance or pay a fine, is a bridge too far.

“It will be incumbent on the Supreme Court to determine the ultimate future of the health care law,” she continued. “We look forward to the opportunity to present our case to the Court.”

NFIB is the only business organization in the lawsuit brought by 26 states against the health care law.