The American Center for Law and Justice (ACLJ) said it is disappointed a federal appeals court in Washington, D.C. rejected its appeal and failed to reinstate its federal lawsuit challenging the constitutionality of ObamaCare and the individual mandate.
"We're disappointed the appeals court rejected our request to reinstate our lawsuit challenging ObamaCare," said Jay Sekulow, Chief Counsel, American Center for Law and Justice. "This decision reinforces the fact that the courts are split about this flawed health care law. As we determine our next course of action - whether to ask the full appeals court to hear the case - or directly ask the Supreme Court to take the case - we still remain confident that ObamaCare and the individual mandate, which forces Americans to purchase health insurance, is the wrong prescription for America and ultimately will be struck down as unconstitutional by the U.S. Supreme Court."
In a decision issued today, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit rejected the ACLJ's appeal which argued that the individual mandate violates the Commerce Clause of the U.S. Constitution and failed to reinstate the ACLJ lawsuit.
The Supreme Court is scheduled to consider the issue of ObamaCare at a conference later this week and could decide within days if and when the high court will tackle the constitutionality of the health care law.
In addition to its legal action, the ACLJ backed legal challenges by Florida and Virginia as well. Last month, the ACLJ filed an amicus brief at the Supreme Court urging the Justices to take up a Florida case challenging ObamaCare. The ACLJ represents 105 members of Congress - including House Majority Leader Eric Cantor. Also represented: more than 29,000 Americans who have signed on to the ACLJ committee opposing ObamaCare. In its amicus brief, the ACLJ urges the high court to hear the case and declare the entire health care law unconstitutional.