Backing Virginia's ObamaCare Challenge at Appeals Court

By 

Jay Sekulow

|
June 9, 2011

4 min read

ObamaCare

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We've filed a critical amicus brief backing the Commonwealth of Virginia's legal challenge to the Patient Protection and Affordable Care Act of 2010 (PPACA). 

As you'll recall, U.S. District Court Judge Henry E. Hudson in Richmond ruled in favor of Virginia in December concluding the individual mandate provision in ObamaCare "exceeds the constitutional boundaries of congressional power."

Now, the case is before the U.S. Court of Appeals for the Fourth Circuit.  We've filed an amicus brief representing 49 members of Congress including House Speaker John Boehner and House Majority Leader Eric Cantor urging the federal appeals court to declare the entire health care law - including the individual mandate - unconstitutional. 

As the legal challenges to ObamaCare move forward, there's one central argument that we're confident will win the day - the mandate forcing individuals to purchase health care insurance is unconstitutional.

In the Virginia case, the federal district court got it right - forcing someone to buy health insurance is not economic activity and Congress does not have that authority under the Commerce Clause.  We believe the federal district court should have gone one step further in declaring entire health care law - not just the individual mandate - unconstitutional.  That's what we're asking the appeals court to do.

In our amicus brief filed at the U.S. Court of Appeals for the Fourth Circuit, we believe the lower court was correct in declaring the individual mandate unconstitutional:  "The Commerce Clause does not authorize Congress to regulate the inactivity of American citizens by requiring them to buy a good or service (such as health insurance) as a condition of their lawful residence in this country," the brief argues. "Because the individual mandate provision of the PPACA requires citizens to purchase health insurance or be penalized, the PPACA exceeds Congress's authority under the Commerce Clause."

However, the federal district court failed to declare the entire health care law unconstitutional.  While we urge the appeals court to uphold the earlier decision declaring the mandate unconstitutional, our brief also urges the appeals court to strike down the entire law.

The brief contends:  "The individual mandate's unconstitutionality requires the entire PPACA to fall. . . . by the government's admission, the PPACA's remaining provisions cannot function without the individual mandate .  . . Consequently, because the individual mandate provision is unconstitutional and not severable from the remainder of the PPACA, the entire PPACA must be held invalid."

Our amicus brief is posted here.

In our brief, we represent 49 members of Congress, including House Speaker John Boehner and House Majority Leader Eric Cantor.  The brief is also filed on behalf of the ACLJ's Constitutional Committee to Challenge the President and Congress on Health Care, which consists of over 70,000 Americans from across the country who oppose the individual mandate.

Here's a list of members of the U.S. House of Representatives of the 112th Congress who have signed on to the our brief including Rep. Paul Broun, a physician, who spearheaded the Member support for the brief: Paul Broun, Robert Aderholt, Todd Akin, Michele Bachmann, Spencer Bachus, Roscoe Bartlett, Rob Bishop, John Boehner, Larry Bucshon, Dan Burton, Francisco Quico Canseco, Eric Cantor, Steve Chabot, Mike Conaway, Blake Farenthold, John Fleming, Bill Flores, Randy Forbes, Virginia Foxx, Trent Franks, Scott Garrett, Louie Gohmert, Ralph Hall, Tim Huelskamp, Bill Johnson, Walter Jones, Mike Kelly, Steve King, Jack Kingston, John Kline, Doug Lamborn, Jeff Landry, James Lankford, Robert Latta, Donald Manzullo, Thaddeus McCotter, Cathy McMorris Rodgers, Gary Miller, Jeff Miller, Randy Neugebauer, Steve Pearce, Mike Pence, Joe Pitts, Mike Pompeo, Scott Rigell, Phil Roe, Ed Royce, Lamar Smith, and Tim Walberg.

At the same time, we're pursuing our own legal challenge of ObamaCare which has been granted expedited review by the U.S. Court of Appeals for the District of Columbia Circuit. Our appeal comes after the lawsuit was dismissed by a federal district court.  The order granting our request to fast track the appeal is posted hereOur lawsuit is posted here

In addition, we've 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.