ACLJ Files Notice of Appeal in ObamaCare Case

February 25, 2011 

(Washington, DC)  The American Center for Law and Justice (ACLJ) is pushing ahead with its assertion that ObamaCare violates religious freedoms by requiring Americans to purchase health insurance.

Following the dismissal by U.S. District Judge Gladys Kessler in Washington of a lawsuit filed on behalf of five American citizens, the ACLJ has filed a notice of appeal, which brings the case now to the United States Court of Appeals for the District of Columbia Circuit. The ACLJ argues that, despite the recent ruling, Congress does not have the authority to enact an individual mandate requiring people to purchase and maintain insurance or pay a penalty.

The fight to protect the rights of Americans from ObamaCare is far from over, said Edward White, ACLJ Senior Counsel.  We respectfully assert that the judge got it wrong.  The government cannot compel people to purchase insurance if doing so would violate a deeply held religious belief.  We intend to litigate this matter further in order to protect the religious freedom of our clients and, indeed, of all Americans.

In its lawsuit, the ACLJ argues that Congress does not have the power under the Constitution to require Americans to purchase health insurance and that the mandate also violates the Religious Freedom Restoration Act of 1993.

In addition, the ACLJ has filed an amicus brief on behalf of 28 members of Congress and more than 70,000 Americans supporting the Commonwealth of Virginia's lawsuit challenging the mandate in federal court in Richmond.  The ACLJ also has filed an amicus brief on behalf of 63 members of Congress and more than 70,000 Americans supporting the lawsuit brought by 26 states in the federal court in Florida.

Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice focuses on constitutional law and is based in Washington, D.C.