WASHINGTON – The Association of American Physicians and Surgeons became the first medical society to file suit to overturn the newly enacted health-care law.
“If the [law] goes unchallenged, then it spells the end of freedom in medicine as we know it,” said Dr. Jane Orient, executive director of AAPS. “Courts should not allow this massive intrusion into the practice of medicine and the rights of patients. There will be a dire shortage of physicians if the [new law] becomes effective and is not overturned by the courts.”
The law requires most Americans to buy government-approved insurance starting in 2014 or face stiff penalties. The AAPS says insurance-company executives will be enriched by this requirement, but it violates the Fifth Amendment protection against the government forcing one person to pay cash to another.
The group also charges violations of the Tenth Amendment, the Commerce Clause, and the provisions authorizing taxation.
AAPS asks the U.S. District Court to enjoin the government from promulgating or enforcing insurance mandates and require Health and Human Services Secretary Kathleen Sebelius and Social Security Commissioner Michael Astrue to provide the court with an accounting of Medicare and Social Security solvency.
The group bills itself as “a voice for patient and physician independence since 1943.”