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Contents tagged with severability

  • Filed in: ObamaCare   |   by Matthew Clark   |   5:00 PM Mar. 28, 2012

    Justices Question ObamaCare’s Ability to Stand

    Courtroom illustration shows attorney Clement arguing before U.S. Supreme Court hearing on President Obama's 2010 healthcare law in Washington

    Today was the final day of oral arguments before the Supreme Court on ObamaCare. This morning the Justices heard oral arguments on the issue of severability – whether all of ObamaCare must be struck down if the individual mandate is found unconstitutional. The court heard several different arguments on this issue. The States, represented by the former Bush Administration Solicitor General, Paul Clement, argued that “[i]f the individual mandate is unconstitutional, then the rest of   Continue Reading...

  • Filed in: ObamaCare   |   by Edward White   |   2:47 PM Feb. 21, 2012

    Update On The ACLJ’s Supreme Court ObamaCare Case, Seven-Sky v. Holder

    Justices of the U.S. Supreme Court pose for formal group photo in the East Conference Room in Washington

    As you know, the American Center for Law & Justice (“ACLJ”) represents individuals in a challenge to ObamaCare. The case, known as Seven-Sky v. Holder, Case No. 11-679, is pending at the United States Supreme Court on a petition for writ of certiorari. We raised two issues in the petition: (1) whether the individual mandate, the part of ObamaCare that requires millions of Americans, for the first time in our nation’s history, to purchase a product (health insurance) from   Continue Reading...

  • Filed in: ObamaCare   |   by Matthew Clark   |   5:06 PM Jan. 27, 2012

    DOJ Urges Supreme Court not to Strike all of ObamaCare

    U.S. President Barack Obama speaks at Attorney General Eric Holder's ceremonial installation at George Washington University in Washington

    Today, the Obama Justice Department filed a brief with the U.S. Supreme Court arguing that if it holds that ObamaCare’s individual mandate is unconstitutional, it should not strike the entire law. As Politico reports: Only two provisions — those requiring insurers to accept everyone regardless of health status and to apply “community rates” — must go if the mandate is knocked down, Justice Department lawyers wrote in a brief to the court. “Other provisions   Continue Reading...

  • Filed in: ObamaCare   |   by Jay Sekulow   |   11:38 AM Jan. 6, 2012

    SCOTUS Brief: Massive Opposition from Congress & Americans to ObamaCare

    Opponents of the proposed U.S. health care bill are pictured during a rally outside the U.S. Capitol Building in Washington

    We have filed a critical amicus brief at the Supreme Court - representing more than 100 members of Congress and more than 100,000 Americans - all urging the high court to reject ObamaCare. In an extraordinary showing of opposition to the flawed health care law, 117 members of Congress (nearly 30% of the total House membership) signed on to the brief led by Dr. Paul Broun (R-GA). House Majority Leader Eric Cantor also has signed on. In addition, we're representing more than 103,000 supporters of   Continue Reading...

  • Filed in: ObamaCare   |   by Matthew Clark   |   4:52 PM Nov. 21, 2011

    ObamaCare: The Fight Continues

    A demonstrator holds up a sign at a rally on healthcare on Capitol Hill in Washington - ObamaCare

    Two years ago, when ObamaCare was ramrodded through Congress at the eleventh hour, the American people were squarely against this pro-abortion law that forces Americans to buy a particular good or service as the price of citizenship. Today, only a meager 34% still support this law. Since the Supreme Court has agreed to hear this landmark case, the constitutionality of ObamaCare is now up to the nine justices. After more than two years fighting against ObamaCare – first in Congress and now   Continue Reading...

  • Filed in: ObamaCare   |   by Edward White   |   11:54 AM Nov. 15, 2011

    ObamaCare Cases: What’s at Stake?

    U.S. President Barack Obama speaks at a fundraising reception for U.S. Senator Claire McCaskill in St. Louis

    This post is co-authored with Erik Zimmerman, ACLJ Associate Counsel. As we noted previously, the Supreme Court recently agreed to consider whether the “individual mandate,” the key provision of the massive, unpopular federal health care law passed in early 2010 commonly known as “ObamaCare,” is unconstitutional. In particular, the Court will consider whether the Constitution empowers Congress to micromanage the household finances of Americans by telling them what they   Continue Reading...

  • Filed in: ObamaCare   |   by Matthew Clark   |   4:42 PM Nov. 14, 2011

    ObamaCare: Supreme Court Agrees to Consider Mandate and Severability as ACLJ Urged

    Justices of the U.S. Supreme Court pose for formal group photo in the East Conference Room in Washington

    Today, the Supreme Court officially announced that it will decide the constitutionality of ObamaCare. Just three weeks ago the ACLJ filed an amicus curia brief to the Court on behalf of 105 Members of Congress and tens of thousands of Americans urging it to take up this landmark case. Our amicus brief argued that the high Court should review the ObamaCare challenge out of Florida and consider two key issues. The Court should review the constitutionality of the individual mandate and decide if t   Continue Reading...

 
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