On May 12 in federal district court in Detroit, the Obama Administration filed its first defense of the healthcare legislation recently signed into law.  In their brief, Justice Department lawyers took issue with those who allege that Congress violated the constitution by requiring Americans to obtain health insurance.  The brief argues that in approving the bill, Congress exercised its authority to regulate interstate commerce and to provide for the general welfare.  The lawyers said that in overturning the legislation, courts would unwarrantedly interfere with the power of Congress to make policy.

More than a dozen state attorneys general have filed similar lawsuits challenging the legislation.  Cases are pending in federal courts in Virginia and Florida.  Conflicting rulings by appeals courts could require the Supreme Court to resolve the issue.  Under the new law, most U.S. residents would be required to carry health insurance by 2014.  The mandate is considered essential to guaranteeing universal coverage since insurers would be prohibited from denying coverage to applicants with health problems and would need to collect premiums from healthy policyholders.  Robert Muise, a lead attorney for the Thomas More Law Center, which filed the lawsuit, said that under the government’s theory, Congress could require Americans to purchase vitamins, join a health club or purchase a vehicle from General Motors.

May 18, 2010