I just walked in in the middle of this amendment, but it's very similar to an amendment we took up last night, and it's equally wrongheaded. Aside from the fact that it's almost irrelevant, this amendment, as I read it, says that none of the funds may be used to defend challenges to the Affordable Care Act by the Justice Department. Aside from the fact that none of the funds are going to be used because the argument has already been heard by the Supreme Court--it's past tense; the Court is going to decide one way or another--this seems to me a little late. All the arguments in Court have already been heard, and therefore, they're not going to spend anymore money doing that. The Court will decide it's constitutional or it's not constitutional. The argument already occurred. The money has already been spent. So I don't see the point of this. {time} 1540 But putting that aside, what this says in effect is Congress passed a law. Any law that Congress passes has a presumption of constitutionality. And this says that the Justice Department shall not defend the Constitution or a law duly passed by Congress because a subsequent Congress doesn't agree. Well, if a subsequent Congress doesn't agree with what the previous Congress does, we should repeal the law, and then there would be nothing to defend.…
On the recordMay 9, 2012
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