On the recordSeptember 5, 2018
reserving the right to object. Right now, there is a court case being heard in Texas on the constitutionality of ObamaCare. We are all aware of that. In their decision upholding the constitutionality of ObamaCare, the Supreme Court said that under the commerce clause alone, ObamaCare would be unconstitutional. It was only because of the individual mandate, which they saw as a tax, that ObamaCare was upheld. Last year, we eliminated the individual mandate in our tax cut, so the constitutionality needs to be revisited, which is what these States are doing. It would be inappropriate for the Senate to intervene in this case. Further, this resolution instructs all provisions of ObamaCare to be defended, including the medical device tax, the Cadillac tax, the health insurance tax, and other provisions that have proven extremely unpopular on both sides of the aisle. For that reason, I object. The PRESIDING OFFICER. The objection is heard.
