Fighting Executive Overreach in the Courts
Senator Portman has signed and filed multiple amicus briefs challenging the Obama administration’s executive overreach as unconstitutional. Senator Portman filed an amicus brief arguing that the Obamacare individual mandate is unconstitutional. While we won this case in the Eleventh Circuit, the Supreme Court essentially rewrote the law and found the individual mandate constitutional under the taxing power.
Senator Portman also filed amicus briefs in both the Tenth Circuit and the Supreme Court challenging the Obamacare contraception mandate as a violation of the Religious Freedom Restoration Act and the free exercise clause of the First Amendment.
Advancing Legislation to Limit Executive Overreach
Senator Portman has introduced and worked to advance legislation to stop the excesses of executive power. He cosponsored the Stop Targeting of Political Beliefs by the IRS Act, which suspends IRS rulemaking related to 501(c)(4) organizations and reverts to standards in place prior to when the inappropriate targeting of conservative groups began. He has also cosponsored the Respect for Rights of Conscience Act, which would allow health plans to decline coverage of specific items and services that go against the religious beliefs of the person or organization offering or purchasing the plan.
Seeking Truth through Inquiries and Investigations
Senator Portman sent a letter with other Republican Senators to the Federal Communications Commission (FCC) successfully calling for the agency to curtail its inappropriate attempts to impact the editorial decisions in newsrooms nationwide.
He was also one of the first to speak out against the unlawful HHS contraception mandate on religious freedom, arguing that the mandate violates the Religious Freedom Restoration Act.
Senator Portman wrote HHS Secretary Kathleen Sebelius to request detailed information about a $20 million taxpayer-funded campaign to promote President Obama’s health care spending law and led an investigation into the $183 million in HHS spending used to promote the President’s unpopular policies.
Senator Portman was also one of the first to speak out against the unfair targeting of conservative groups by the IRS and authored letters to IRS Commissioner Doug Shulman, Attorney General Holder, and President Obama regarding the excessive and selective inquiries targeting conservative tax-exempt organizations.