ObamaCare Mandate: Defending the Indefensible | American Center for Law and Justice
  Search  |  Login  |  Register

ACLJ Profile Completion

Verified

By Jay Sekulow1332947383000

I call it defending the indefensible. What unfolded inside the Supreme Court on the individual mandate was very clear and direct. Justice Anthony Kennedy, considered to be the swing vote in this issue, expressed serious skepticism about the constitutionality of the mandate - the government requiring citizens to purchase health insurance.

And, his skepticism comes with good reason. The Solicitor General, who had a difficult day articulating his position supporting the mandate, simple did not have a viable defense. There is no 'limiting principle' here. In other words, if the government gives the green light to mandate the purchase of health insurance, where does it stop? 

As I told Sean Hannity on FOX News, the most important development in the oral arguments about the individual mandate came when Justice Kennedy said the mandate fundamentally changes the relationship of a citizen with the government. You can watch the interview here.

You can never read the tea leaves and predict the outcome of a Supreme Court case based solely on oral arguments. I've had the privilege to present oral arguments before the high court 12 times, and participate in 20 cases. What happens during oral argument certainly plays a key role in the final decision, but it's always risky to predict an outcome based on that dynamic alone.

What I do know is this. Going into the arguments, those who supported the individual mandate thought their position would carry the day with ease. When the arguments were over, it was a different story. With Justice Kennedy voicing serious concerns about the mandate, it's fair to conclude the mandate may be in big trouble.

The high court now focuses on the severability issue - whether ObamaCare can stand even if the mandate is struck as unconstitutional. Our position is clear - both the mandate and the entire health care law need to go.

 

Latest in
ObamaCare

Seven Steps to Dismantle Obamacare

By Harry G. Hutchison1479228324786

The Affordable Care Act (ObamaCare) was enacted with great fanfare and unrivaled deception in 2010 as part of a duplicitous plan to destroy America’s private health care system as we know it. The Speaker of the House at the time, Nancy Pelosi, infamously said in March 2010 that, “we have to pass...

read more

The Obamacare Deception Threatens America

By Harry G. Hutchison1477500715632

Promising to bring costs down and increase access on the one hand, and enacted with enormous fanfare and unequaled deception on the other, the Patient Protection and Affordable Care Act (also known as Obamacare) became law in 2010. This law was perhaps the most ambitious social legislation in...

read more

“Pure Applesauce”

By Matthew Clark1456416575920

One of Justice Scalia’s most memorable moments came in a compelling dissent to one of the recent ObamaCare cases. He cut through the majority opinion’s ambiguous, contorted, and complex legal justification for upholding the “SCOTUScare” exchanges in just two words: “ Pure applesauce. ” Pondering...

read more

HHS Mandate Challenges Move Forward

By Geoffrey Surtees1442515755574

Thanks to two decisions of a federal court of appeals handed down today ( here and here ), it is now almost certain that the U.S. Supreme Court will decide next term whether the Obama administration can force religious entities, institutions, and groups -- under pain of severe financial penalties...

read more