Last one to jump on the health care lawsuit is a rotten egg.
Thats the attitude of opponents and supporters of health reform since the midterm elections, as they flood a Florida courthouse with friend of the court briefs, in a sign of growing tensions over the Democrats health care law and the growing importance of the case.
The suit is the most high profile challenge to the constitutionality of health care reform. Twenty states and the National Federation of Independent Business argue that Congress has no right to require nearly all Americans to buy health insurance.
On Friday, state and federal politicians filed briefs opposing the law. And more than 30 economists filed a petition siding with the Obama administration, arguing that health reform is essential to constraining the growth of health care spending and providing security to all Americans. The economists say that near universal insurance coverage is essential in any kind of health reform.
The so-called individual mandate in the health reform law is arguably its most controversial provision. While its a complex policy decision, its also one of the most unpopular provisions of the law. A recent poll from the Kaiser Family Foundation found that 68 percent of the general public want it repealed.
Senate Minority Leader Mitch McConnell (R-Ky.) told colleagues earlier this week that he planned to ask the court if he could file an amicus brief opposing the law. He argues that Congress doesnt have legal authority to regulate Commerce by taxing the absence of having health insurance. McConnell also says that if Congress has the power to implement the individual mandate, it could force Americans to buy almost anything.
Since then, many others have followed.
Sen. Orrin Hatch (R-Utah), who is due to become ranking member of the Senate Finance Committee, joined McConnells petition. Minnesota Gov. Tim Pawlenty, who could make a run for the White House in 2012, filed a brief as well.
House Speaker-in-waiting John Boehner (R-Ohio), filed a brief, indicating his interest is with the constitutional issues at stake in this case, as well as the long-term effects that the courts decision on summary judgment may have on the legislative process, notwithstanding any opposition he had to the legislation.
Several states that support the health law want to weigh in, too.
Oregon, Iowa and Vermont argue that a ruling that the health law is unconstitutional would have a tremendous and deleterious effect on the states.
The opponents overstate the Acts costs, disregard its substantial benefits, and minimize the obstacles to expanding health care insurance coverage through a patchwork of individual state actions. The plaintiff states also paint an exaggerated and unrealistic picture of the impact of the Act on the relationship between the states and the federal government, they wrote.
In addition, the governors of Colorado, Michigan, Pennsylvania and Washington concluded the problems of health care costs needed to be addressed by Congress and participated in the national political process to shape the federal law to meet states needs.
Six hospital associations, which represent nearly all hospitals in the country, filed to support the individual mandate because they have to pay to treat the uninsured population. Thus, they strongly support the requirement to buy coverage.
The ACA [Affordable Care Act] represents a comprehensive effort to extend coverage to millions more Americans to make care available to patients in doctors offices, clinics and other settings, keeping them out of emergency departments and hospitals unless they need to receive care there. For these reasons, the Hospital Associations and their members arguably will be more directly affected by the decision in this case than any other institutional group in the nation, the groups, led by the American Hospital Association, wrote.
Several other associations are also seeking to weigh in, including the American Academy of Pediatrics, Small Business Majority Foundation, American Civil Rights Union, American Association of People with Disabilities, Family Research Council and Young Invincibles.
Florida Attorney General Bill McCollum filed the lawsuit moments after President Barack Obama signed the health care bill into law in March. Since then, 20 states and the National Federation of Independent Business have joined the suit.
Judge Roger Vinson set Friday as the deadline to file requests for amicus briefs. He approved most of the requests as of late Friday.