Based on a preliminary review of the legislation, the Oregon Department of Justice is of the opinion that the health care reform bill is constitutional and that the challenges to the legislation are without merit. Legal scholars around the nation have expressed similar views. As a result, Attorney General Kroger will not waste taxpayer dollars on filing meritless litigation.
Historically, opponents of reform have turned to the courts when they have failed to muster the votes to block major legislation. The Social Security Act, the Civil Rights Act and the Voting Rights Act were all challenged on constitutional grounds and all three of these monumental pieces of legislation were upheld by the courts. Because of the importance of the health care reform legislation, the Oregon Department of Justice is exploring the possibility of filing an amicus brief in support of the law.