ObamaCare Challenge on the Fast Track

By 

Jay Sekulow

|
June 9, 2011

2 min read

ObamaCare

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It's an important development in our pursuit to have ObamaCare declared unconstitutional.

A federal appeals court today cleared the way for our legal challenge to be put on the fast track - an expedited appeal before the U.S. Court of Appeals for the District of Columbia Circuit. 

This is very encouraging news. 

It's clear the appeals court clearly understands that this issue is of vital concern and deserves to be expedited.  By putting our appeal on the fast-track, the court is sending a strong signal that time is of the essence in determining the constitutionality of this law. 

As you may recall, we filed a motion with the appeals court earlier this month urging an expedited appeal.  Today, the appeals court granted our request and set a schedule with the first round of briefs to be filed in May with oral arguments before a three-judge panel to be scheduled in September.

We're appealing a decision by a federal district court in February that dismissed our lawsuit.  In the suit, we argue 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, we have 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.  We also 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.

With the appeal of our lawsuit now on the fast track, we're very encouraged that it will move forward quickly ultimately headed for the Supreme Court. 

And, we're confident our position will prevail.