Republican says HHS should not enforce Obama healthcare law

A Republican lawmaker has asked the administration to not implement the healthcare law because of a Florida court decision.

In a floor speech, Rep. Michael Burgess (R-Texas) argued that a Florida district court’s ruling that the law violates the Constitution means the Obama administration should cease its implementation. One other judge also has ruled the law unconstitutional, and two judges have upheld its provisions.

Burgess sent a letter to Health and Human Services Secretary Kathleen Sebelius on Monday asking her to clarify whether the law would continue to be implemented, because District Court Judge Roger Vinson said further implementation should not go forward.

“In fact, Judge Vinson stated that officials of the Executive Branch will adhere to the law as declared by the court,” Burgess said on the floor. “As a result, the declaratory judgment is the functional equivalent of an injunction. There is no reason to conclude that this presumption should not apply here.”

Burgess also noted that the House this week would begin work on a continuing resolution to fund the federal government for the rest of fiscal 2011, and said he believes that measure should not include any funds for implementation.

“It is my expectation that funding for provisions of enacting the Patient Protection and Affordable Care Act will not be funded in the continuing resolution,” Burgess said.