[Congressional Record (Bound Edition), Volume 157 (2011), Part 2]
[House]
[Page 1695]
[From the U.S. Government Publishing Office, www.gpo.gov]




  FUNDING FOR THE PATIENT PROTECTION AND AFFORDABLE CARE ACT MUST BE 
                                 DENIED

  (Mr. BURGESS asked and was given permission to address the House for 
1 minute and to revise and extend his remarks.)
  Mr. BURGESS. Mr. Speaker, today, I sent a letter to Kathleen 
Sebelius, Secretary of Health and Human Services, asking, in light of 
Judge Vinson's ruling in Florida 2 weeks ago today where a declaratory 
judgment was issued that the Patient Protection and Affordable Care Act 
is indeed unconstitutional, that further implementation of this act not 
go forward.
  In fact, Judge Vinson stated that officials of the executive branch 
will adhere to the law as declared by the court. 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.
  Now, I believe the judge is correct, that the administration should 
not proceed with implementation, and I've asked the Secretary for 
clarification that that is indeed her position and will be her position 
going forward.
  Of course we do have debate and a vote on the continuing resolution 
to fund the United States Government for the next 7 months. 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.
  The American people have made it very clear, and even recently the 
Florida ruling confirmed that the health care law is unconstitutional, 
and Congress must do its job to make sure funding for this legislation 
is denied.

                                    Congress of the United States,


                                     House of Representatives,

                                Washington, DC, February 11, 2011.
     Hon. Kathleen Sebelius,
     Secretary of Health and Human Services,
     Washington, DC.
       Dear Secretary Sebelius: I write to inquire of the 
     Department of Health and Human Services your response to and 
     specifically subsequent implementation decisions made by the 
     Department in the wake of Judge Vinson's ruling in The State 
     of Florida v. United States Department of Health and Human 
     Services. As you are well aware, the plaintiff sought 
     declaratory judgment that the Patient Protection and 
     Affordable Care Act is unconstitutional as well as an 
     injunction against its enforcement.
       In his opinion, Judge Vinson relied on precedent in 
     Committee on Judiciary of U.S. House of Representatives v. 
     Miers to determine that when a court issues a declaratory 
     judgment against federal officials, the ``declaratory 
     judgment is the functional equivalent of an injunction.'' He 
     quoted a previous United States Court of Appeals decision 
     which further addressed his point, ``that officials of the 
     Executive Branch will adhere to the law as declared by the 
     court. 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. Thus, the award of declaratory relief is adequate and 
     separate injunctive relief is not necessary.''
       I would like to request information on how, in light of the 
     declaratory relief issued by Judge Vinson, the Department 
     plans to proceed in its implementation of the Patient 
     Protection and Affordable Care Act.
       Thank you for your time and consideration on this issue and 
     I look forward to your response. Should you have any 
     questions, please contact me in my Washington office at (202) 
     225-7772.
           Sincerely,
                                         Michael C. Burgess, M.D.,
     Member of Congress.

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