The organization Liberty Guard has filed an amicus brief in support of the state of Virginia in its challenge to the health care bill. Most other constitutional critiques have focused on the issue of whether the individual mandate is beyond the scope of proper powers of the federal government. Instead of focusing on the government’s powers, Liberty Guard’s brief argues that there is an individual liberty right that is infringed by the legislation.
Frank Webb, the Legal Projects coordinator for Liberty Guard, raises the following analogy in the group’s press release: “You have the right to speak and for that speech to be free from government interference, but you also have the right to remain silent; the government cannot force you to speak. Congress may not prohibit free speech, or compel you to speak against yourself. In ObamaCare, Congress is trying to force you against your will to purchase government-defined health insurance.”
The brief is available here.