Contents tagged with commerce clause
Filed in: ObamaCare | by Jay Sekulow | 3:17 PM Mar. 29, 2012
ObamaCare is the Issue - Not the Supreme Court
The political posturing began long before the Supreme Court heard oral arguments on the constitutionality of ObamaCare. But, now with arguments concluded, the political posturing is being ratcheted up. While a new poll suggests most Americans expect the high court to overturn the pro-abortion, government-run health care law, the fact is this will be a very close case. What's both interesting and troubling is the fact that some on the Left are attempting to put the Supreme Court itself 'on tria... Continue Reading
Filed in: ObamaCare | by Jay Sekulow | 9:38 AM Mar. 28, 2012
ObamaCare Mandate: Defending the Indefensible
I call it defending the indefensible. What unfolded inside the Supreme Court on the individual mandate was very clear and direct. Justice Anthony Kennedy, considered to be the swing vote in this issue, expressed serious skepticism about the constitutionality of the mandate - the government requiring citizens to purchase health insurance. And, his skepticism comes with good reason. The Solicitor General, who had a difficult day articulating his position supporting the mandate, simple did not hav... Continue Reading
Filed in: ObamaCare | by Jay Sekulow | 2:09 PM Mar. 27, 2012
Skepticism from Justice Kennedy on ObamaCare Mandate
It was high drama inside the Supreme Court today. The individual mandate - the key element of ObamaCare - was at the center of the debate. The issue: Does the individual mandate, which requires Americans to purchase health insurance, violate the Commerce Clause of the Constitution? If the government can force you to buy health insurance, where does it stop? What was very encouraging today is that Justice Anthony Kennedy, considered to be the swing vote in this issue, expressed deep skepticism a... Continue Reading
Filed in: ObamaCare | by Jay Sekulow | 10:48 AM Jan. 18, 2012
Defeat ObamaCare: Take Nothing for Granted
The Supreme Court will hear oral arguments in the ObamaCare case at the end of March. With arguments still two months away, speculation is already growing on what the court will do. There's an interesting story in The Hill that suggests that backers of ObamaCare "have lost the high level of confidence they once displayed" that the high court would reject court challenges to the health care law, specifically the individual mandate. The Hill writes: "Many liberals and some Democratic leaders ini... Continue Reading
Filed in: ObamaCare | by Jay Sekulow | 12:05 PM Jan. 16, 2012
Stand With ACLJ at Supreme Court Against ObamaCare
Can Congress require you to purchase health insurance? Is it constitutional for Congress to penalize you if you don't? Those questions are at the core of legal challenges of ObamaCare, which the Supreme Court will consider in March. Our position is clear: the individual mandate is wrong. It is unconstitutional and violates the Commerce Clause of the Constitution. As you know, we have been active from the start in challenging this government-run, pro-abortion health care law. We're challenging... Continue Reading
Filed in: ObamaCare | by Jay Sekulow | 8:33 AM Dec. 1, 2011
SCOTUS Urged to Consider ACLJ's ObamaCare Case
As I told you earlier this month, we were determining which course of action we would take in appealing our decision by a federal appeals court in Washington, D.C. upholding the constitutionality of a key part of ObamaCare. We have decided to appeal the decision by the three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit directly to the Supreme Court of the United States, which already has scheduled to hear several challenges to ObamaCare. In its decision earlier ... Continue Reading
Filed in: ObamaCare | by Jay Sekulow | 11:44 AM Nov. 22, 2011
Posturing Persists in Run-Up to ObamaCare Arguments at Supreme Court
As we prepare our legal arguments to file with the Supreme Court in an amicus brief detailing why ObamaCare should be declared unconstitutional, it's interesting to note posturing is already underway - not in the courtroom - but in the court of public opinion and in the halls of Congress. In our amicus brief asking the high court to take the Florida challenge, as it did, we called ObamaCare and the issue of the individual mandate, which forces Americans to purchase health insurance, a "matter o... Continue Reading
Filed in: ObamaCare | by Jay Sekulow | 5:07 PM Nov. 15, 2011
UPDATE: ObamaCare Opposition Growing
The response has been overwhelming. In the first 24 hours after the Supreme Court announced it would determine the constitutionality of ObamaCare, nearly 40,000 Americans expressed their opposition to this flawed law and signed on to our upcoming amicus brief urging the Justices to declare the entire law unconstitutional. That number continues to grow. This is just the beginning. We know many more Americans want to be a part of this historic challenge at the high court. If you haven't done so y... Continue Reading
Filed in: ObamaCare | by Jay Sekulow | 11:01 AM Nov. 14, 2011
ACLJ Readies for ObamaCare Battle at Supreme Court
This is a move that we clearly expected. The Supreme Court of the United States today agreed to hear several ObamaCare challenges - putting the issue of the constitutionality of the flawed law front-and-center with a decision by the high court just months before the November 2012 elections. This is the day we have been waiting for. It was clear that ObamaCare would ultimately be decided by the high court when it was signed into law nearly 20 months ago. By taking these cases, the high court can... Continue Reading
Filed in: ObamaCare | by Jay Sekulow | 10:19 AM Oct. 24, 2011
Push at Supreme Court to Derail ObamaCare
The stage is set at the Supreme Court of the United States. ObamaCare - the pro-abortion, government-run health care law - front-and-center - facing a number of serious constitutional challenges. As you know, we've been involved in challenging ObamaCare from the very start. We're in federal court with our own lawsuit now pending before a federal appeals court. We presented our oral arguments to the U.S. Court of Appeals for the District of Columbia Circuit in September arguing that the individu... Continue Reading