An Open Letter to Attorney General Richard Blumenthal
Signed by all Republican State Senators
Dear Attorney General Blumenthal:
As the elected official charged with representing the interest of the people of Connecticut, it is now time for you to take action to preserve the Constitution and protect our state’s citizens and businesses. The illegal mandates passed by Congress in the form of the so-called Health Care Reform law must be challenged.
Under our Constitution, those rights not explicitly provided to the federal government are reserved to the states. The Constitution does not empower the federal government to usurp the issue of making health care decisions for either the state or its citizens. The selection of healthcare providers and medical treatments, as well as the decision NOT to have certain treatments or coverage is the decision of the individual, protected by the Due Process rights of the Fifth Amendment to the Constitution. It is not now, nor has it ever been, in the purview of Congress to supersede those individual rights.
In addition, it has long been settled that the federal government has ceded to the states the responsibility of setting local healthcare standards of care, as well as regulatory authority over the medical and insurance industries. This inherent recognition of states' rights as pertaining to health care should remain, absent some Constitutional amendment granting oversight to Congress.
Finally, the attempted use of the Commerce Clause to justify this latest power grab by the federal government is unwarranted and improper. If the Commerce Clause, which springs from the authority to oversee economic activity between the states, was truly a proper source for an entire radical redesign of the health insurance industry, then it would not have been illegal to sell health insurance policies across state lines. In a free society, it has never been the duty of Congress to force the people of the United States to purchase a certain commercial product simply as a consequence of being alive. It is inherently illegal to mandate that free citizens must buy health care coverage or face sanctions.
We urge you to join the growing number of attorney generals who have already begun legal proceedings to stop this illegal action by Congress. Regardless of your personal beliefs or philosophies, you are bound by duty to protect and defend the people of this state, the small employers who will be penalized or put out of business by the mandates, the large insurance companies that call our state home and employ tens of thousands of our residents in an industry that will eventually be eliminated by government intrusion into our free markets, and the private citizens who will ultimately have to pay the $ 1.3 trillion price tag.
We would be happy to discuss this issue with you further at your convenience and we will assist your office in any way possible.
Sincerely,
Senator John McKinney, Senate Minority Leader
Senator Len Fasano, Senate Minority Leader Pro Tempore
Senator Andrew Roraback
Senator Tony Guglielmo
Senator John Kissel
Senator Sam Caligiuri
Senator Dan Debicella
Senator Rob Kane
Senator Toni Boucher
Senator Kevin Witkos
Senator Scott Frantz
Senator Michael McLachlan