Dear Friend,

Two weeks ago I sent out an e-survey asking how you wanted the Supreme Court to rule on the constitutionality of the health care law.  Over five thousand of you responded.  Twenty-three percent of you wanted to see the law ruled constitutional, sixty-one percent of you wanted to see the entire law ruled unconstitutional, and fourteen percent of you wanted only part of the law overturned. 

Yesterday the Supreme Court delivered their decision and they found that a key part of the law, the individual mandate, is constitutional.  The individual mandate requires Americans to purchase health insurance or pay a penalty.  The Court decided that this penalty is a tax and is constitutional because Congress has the authority to levy a tax on citizens.  This law is not just a tax. It is one of the largest taxes in American history. 

It’s important to remember that the Supreme Court rules on the constitutionality of particular provisions and not on the merit of the policy.  In 2003, Justice Anthony Kennedy said, “It is a grave mistake to retain a policy just because a court finds it constitutional”.  I couldn’t agree more.  This ruling puts the responsibility back on Congress, and it is our duty to repeal this law.  

Once we repeal this law, Congress will take the time to get this policy right.  We will replace it with patient-centered reforms.  According to the results of the e-survey, the majority of you support the ability to purchase insurance plans across state lines, guaranteeing insurance coverage for those with pre-existing conditions, and expanding the use of Health Savings Accounts (HSAs).  These are some of the reforms that I will support when Congress replaces the health care law with legislation that addresses the health care issues Americans are most concerned about – affordability and access.

The Supreme Court’s ruling is just a just a chapter in this process.  Our repeal efforts will continue and I will fight for what is good for Texas families.   




Kay Granger

Member of Congress