Bill McCollum

Recently, the U.S. Department of Justice filed a motion to dismiss the constitutional challenge by McCollum and the other state attorneys. However, McCollum does not intend to back away from the lawsuit.

In a statement responding to the USDOJ motion, McCollum said, “Nothing in the Justice Department’s motion … changes the States’ view that we will prevail. Instead, the Justice Department’s defenses clash directly with comments made by President Obama during the debate on the healthcare reform bill, including the President’s insistence on national television that the purchase mandate was absolutely not a tax. Yet in its motion to dismiss, the Obama Administration defends the individual mandate under Congress’ ‘taxing and spending’ power.

Not only does the U.S. Department of Justice contradict public statements made by the President and Congressional leadership, it demonstrates in its motion to dismiss that it seems to view this lawsuit by the 20 states and NFIB as a significant challenge, signaling this lawsuit may pose more of a threat in its chances for success.

Our lawsuit challenges the individual mandate that violates the U.S. Constitution. Furthermore, the federal government is threatening our state sovereignty with this unprecedented expansion of federal powers and commandeering of state resources. This is not acceptable, and we will pursue this litigation as far as necessary to obtain relief for our citizens and our states.”

McCollum’s lawsuit was filed on March 23, 2010 with 13 original state plaintiffs. It was amended on May 14, 2010 to add seven additional states and the National Federation of Independent Business, as well as two individual plaintiffs.