NFIB to 11th Circuit: Individual Mandate Unconstitutional

Atlanta, June 8, 2011Karen Harned, executive director, National Federation of Independent Business (NFIB) Small Business Legal Center, and Mike Carvin, counsel to NFIB, issued the following statements after the oral arguments for the 11th Circuit:

“Today is a great day for small-business owners and for all Americans who believe in the individual right to determine the time and circumstances under which they will enter the health insurance marketplace,” said Karen Harned.

“NFIB and its co-plaintiffs challenged PPACA because it wrongly imposes a mandate to purchase insurance—Congress has no right to regulate inactivity by individuals who are not participating in commerce,” added Mike Carvin. “If Congress is allowed to regulate such inactivity simply because doing so will benefit other individuals who are voluntarily participating in commerce, then there will be no limits on the reach of federal power.”

Harned concluded: “We are confident that our side will ultimately prevail in this case; the arguments presented by our attorneys are grounded in the law. NFIB and its membership believe that the Court should strike down the health care law and that Congress should start over with health care reforms that will actually help small businesses, not walk all over them.”

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NFIB is the nation’s leading small business association, with offices in Washington, D.C., and all 50 state capitals. Founded in 1943 as a nonprofit, nonpartisan organization, NFIB gives small and independent business owners a voice in shaping the public policy issues that affect their business. NFIB’s powerful network of grassroots activists send their views directly to state and federal lawmakers through our unique member-only ballot, thus playing a critical role in supporting America’s free enterprise system. NFIB’s mission is to promote and protect the right of our members to own, operate and grow their businesses. More information is available online at

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