by Steven Ertelt | LifeNews.com | 12/19/10
The American Center for Law and Justice (ACLJ), focusing on constitutional law, announced this past week that it filed an amicus brief supporting a Michigan challenge to ObamaCare.
It urges a federal appeals court to overturn a lower court ruling and declare the individual mandate provision which forces Americans to purchase health care insurance unconstitutional.
The brief comes just days after a federal district court in Virginia declared the individual mandate unconstitutional. The ACLJ, which has filed its own federal lawsuit challenging ObamaCare, is also backing legal challenges by Virginia and Florida.
Without question, the individual mandate provision violates the Commerce Clause of the U.S. Constitution, said Jay Sekulow, Chief Counsel of the ACLJ. A federal district court in Virginia this week understood that the key provision in ObamaCare is constitutionally flawed and is beyond the scope of Congresss authority. Its our hope that the federal appeals court in this Michigan case reaches that same conclusion.
In the amicus brief filed in the U.S. Court of Appeals for the Sixth Circuit, the ACLJ contends that the Commerce Clause authorizes Congress to regulate economic activity, not economic decisions.
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