Disappointed but Not Deterred – ObamaCare will be Decided by Supreme Court

By 

Jay Sekulow

|
September 8, 2011

2 min read

ObamaCare

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While today’s decision by the Fourth Circuit Court of Appeals rejecting Virginia’s challenge to ObamaCare is disappointing, it does nothing to change the fact that the Supreme Court will ultimately decide the constitutionally of this health care law.

As you know, the ACLJ 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.

I am disappointed that the federal appeals court did not reach the merits of the constitutionality of ObamaCare. Virginia Attorney General Ken Cuccinelli presented a sound legal argument challenging ObamaCare, and it's unfortunate that the appeals court did not agree with Virginia's position. However, today's decision does nothing to change the legal track of ObamaCare - a constitutionally flawed law that ultimately will be decided by the U.S. Supreme Court.

There is now a conflict among the federal appellate circuit courts – between the Sixth Circuit (upholding the law), the Eleventh Circuit (striking the individual mandate), and now the Fourth Circuit (finding that Virginia lacked standing to sue), with our case in the D.C. Circuit set for oral argument later this month. As I have said before, this makes it all but certain that pro-abortion ObamaCare and its unprecedented overreaching of the federal government’s power over our liberty will ultimately be decided by the Supreme Court.

Yet, with that said, there is still one more important challenge to ObamaCare yet to be decided at the appellate level. We are preparing to present oral arguments before a federal appeals court in Washington, D.C. on September 23rd regarding our federal challenge of ObamaCare. I am confident of our argument before that court and how the Supreme Court will ultimately rule in this case.

As always, I will continue to keep you informed as these cases continue to progress.