SC Attorney General Alan Wilson Joins Coalition to Fight Against Unconstitutional Obamacare

(COLUMBIA, S.C.) - February 26, 2018 — South Carolina Attorney General Alan Wilson has joined a 20-state coalition urging a federal district court in Texas to hold the Affordable Care Act’s (ACA) individual mandate is unconstitutional and to enjoin the entire law.

“I’ve always fought for the rule of law and the preservation of freedom and this law is clearly unconstitutional,” Attorney General Wilson said. “The U.S. Supreme Court has already ruled that Congress cannot force citizens to buy health insurance. I swore an oath to uphold the Constitution so I have to be part of this fight to throw out the law.”

The complaint, filed late Monday, explains that the ACA, as recently amended, forces an unconstitutional and irrational regime onto the states and their citizens. In NFIB v. Sebelius, the U.S. Supreme Court narrowly upheld the core provision of the ACA—the individual mandate—as a “tax.” However, Congress has recently repealed this tax, while leaving the mandate in place. Since the Supreme Court has already held that Congress has no authority to impose such a mandate on Americans, absent invoking its taxing authority, the ACA is now unconstitutional.

Wisconsin Attorney General Brad Schimel and Texas Attorney General Ken Paxton filed the coalition’s brief in a federal district court in Texas. In addition to South Carolina, other states participating are Alabama, Arizona, Arkansas, Florida, Georgia, Indiana, Kansas, Louisiana, Maine, Mississippi, Missouri, Nebraska, North Dakota, South Dakota, Tennessee, Utah, and West Virginia.

You can read the complaint here.