National Federation of Independent Business: Small business applauds governor for approving lawsuit against federal health care takeover

Contact: Bill G. Smith at (608) 255-6083

Jack Mozloom at (609) 989-8777

Wisconsin NFIB urges Wisconsin AG to join lawsuit to as soon as possible

MADISON (January 5, 2011) – The National Federation of Independent Business (NFIB), the state’s leading advocate for small businesses, today applauded Governor Scott Walker for having authorized the state Attorney General to join NFIB and 20 other states in a federal lawsuit to overturn the controversial Patient Protection and Affordable Care Act.

“We believe that the federal healthcare law violates the Constitution and threatens to destroy small businesses,” said NFIB Wisconsin Executive Director Bill G. Smith. “Our members are highly encouraged by the Governor’s support for our lawsuit, and we would urge the Attorney General to join the fight as soon as possible.”

At the heart of the lawsuit is a challenge to the constitutionality of the so-called individual mandate, which for the first time in history allows the federal government to order private Americans to purchase health insurance.

“As the judge in the case noted in a preliminary ruling, this is entirely without precedent,” said Smith. “Never has the federal government used its power to coerce individual Americans into purchasing a commercial service or product. The Constitution provides no such authority and on that basis the law must be invalidated.”

Smith noted also that the law has already driven up health care premiums and forced small businesses to scale back or jettison coverage for their workers.

“The law is roiling the healthcare markets and causing premiums to rise,” said Smith. “It raises taxes on small businesses and imposes heavy-handed regulatory requirements that discourage investment and job creation. The Governor is correct in his view that the law is a danger to Wisconsin’s economy and an encroachment on the individual liberty of Wisconsin residents.”

NFIB and 20 state attorneys general made oral arguments last month in federal court in Florida. A decision is expected soon, after which most experts agree that the case will work its way to the United States Supreme Court.

For more information on NFIB, please visit http://www.nfib.com/Wisconsin.