Montesano Demands Cuomo Challenge Fed Rx As Unconstitutional

Nassau lawmaker to Cuomo: Join 14 other attorneys general in suit stopping health care takeover
April 8, 2010

Assemblyman Michael A. Montesano (R,I,C-Glen Head) today demanded that Attorney General Andrew Cuomo join with 14 other attorneys general around the country in challenging the federal government’s Patient Protection and Affordable Care Act as unconstitutional. In a letter sent to Cuomo’s office on Friday Montesano, a practicing attorney, reiterated his objections to the massive, trillion-dollar government takeover, calling it a “clear violation of the United States Constitution.”

The lawmaker continued by declaring that Congress had exceeded its authority under the Commerce Clause when the U.S. House voted to approve the $940 billion-plus health care expansion on March 21. In addition to legal challenges by attorneys general around the nation, legislatures in three states, Virginia, Idaho and Utah, have voted to block all or parts of the federal legislation, including a provision requiring their citizens to purchase an insurance product or face an increasing fine.

“The government’s takeover of American health care is a threat to our liberty and our wallets,” said Montesano. “I am urging my colleagues in the New York legislature to join with the taxpayers of this state and block this dangerous and costly bill. In the meantime, I have sent a letter to the attorney general alerting him to the unconstitutional nature of the legislation, urging him to resist the new mandates imposed on our citizens outside the scope of the Commerce Clause.”