Last week I told you that the Obama Administration has decided to ask the U.S. Supreme Court to take the case out of Florida (involving 26 states challenging ObamaCare) and review the decision of a federal appeals court striking the individual mandate of ObamaCare.
Now, Virginia has filed its petition for writ of certiorari with the Supreme Court asking it to take its case and overturn the Fourth Circuit Court of Appeals decision that the Commonwealth lacked standing to sue against ObamaCare.
Virginia’s petition asserts, as we have argued in our own suit challenging the law, that the individual mandate of ObamaCare – forcing individuals to buy a particular service against their will – is unconstitutional.
The mandate and penalty are also not supported by the text of the Commerce Clause, which presupposes an activity to regulate. The historical context in which the Commerce Clause was drafted make it highly unlikely that it included a power to command a citizen to purchase goods or services from another. Certainly there is no tradition or history of the Commerce Clause being used in this way.
As you know, the ACLJ has supported Virginia’s challenge to this unconstitutional violation of our personal liberties from the beginning. We filed an amicus brief representing 49 Members of Congress – including House Speaker John Boehner and House Majority Leader Eric Cantor – and over 70,000 Americans from across the country.
We will continue to support these efforts out of Virginia and Florida to overturn this pro-abortion law as we await a decision from a D.C. federal appeals court in our own lawsuit challenging ObamaCare, which we expect to end up at the Supreme Court as well.
As Virginia’s petition points out, the number of cases heading to the Supreme Court challenging ObamaCare and the split in the federal circuits, “maximize[s] the likelihood of [the Supreme Court] reaching the merits” and quickly deciding this important constitutional case.
Ultimately, the Supreme Court will decide ObamaCare, and I am confident that it will find this law – and its overarching restriction on liberty – unconstitutional.
We will continue to keep you updated as these critical cases progress.
After his “glib” apology before Congress this week for calling the American people “stupid,” ObamaCare architect Jonathan Gruber attempted to dodge, duck, dip, dive, and … dodge every substantive question that came his way. He refused to answer even the simplest questions like how much ( millions )
From day one, we have warned that the real danger of Obamacare is not in the 2,700 pages of its text (as bad as they are), but in the hundreds of thousands of pages of rules and regulations that would flow out of that text. This week provides yet another example of that danger, and it is in the...
Yesterday, liberal Democrat Senator Chuck Schumer lambasted Democrats for the political failure of both ObamaCare and the stimulus. While he certainly has not changed his core belief that government can solve all the people’s ills (and said as much), he slammed his party for its political failures.
The lesson we learn from Jonathan Gruber (the MIT professor turned high-paid ObamaCare architect who admitted the Administration deceived the public to pass ObamaCare) is that the Obama Administration will do or say anything to prop up ObamaCare. You know the litany of lies (you can keep you plan,