ACLJ Readies for ObamaCare Battle at Supreme Court

By 

Jay Sekulow

|
November 14, 2011

4 min read

ObamaCare

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This is a move that we clearly expected. The Supreme Court of the United States today agreed to hear several ObamaCare challenges - putting the issue of the constitutionality of the flawed law front-and-center with a decision by the high court just months before the November 2012 elections.

This is the day we have been waiting for. It was clear that ObamaCare would ultimately be decided by the high court when it was signed into law nearly 20 months ago. By taking these cases, the high court can bring clarity and end the confusion about a law that most Americans have consistently opposed. We have argued from the beginning that ObamaCare - including the individual mandate - is unconstitutional. We will be representing more than 100 members of Congress and tens of thousands of Americans in our amicus brief urging the high court to reject this flawed health care law. It's our hope that the high court will reach the conclusion that the individual mandate, which forces Americans to purchase insurance, violates the constitution and that the entire health care law cannot be implemented.

As you may recall, just weeks ago, the ACLJ filed an amicus brief with the high court urging the Justices to take the Florida case. The ACLJ urged the high court to tackle the individual mandate question, calling it a "matter of national importance." The brief argued that "even though the United States Court of Appeals for the Eleventh Circuit correctly held that the individual mandate is unconstitutional, it wrongly severed only the individual mandate from the ACA." Further, the brief contended: "The individual mandate, by the Federal Government’s own admission, is the essential component of the ACA. Should this Court also rule the individual mandate unconstitutional, it should decide to what extent (if any) the individual mandate can be severed from the rest of the ACA."

In that brief, we represented 105 members of Congress and thousands of Americans. We're now preparing a new amicus brief to file with the Supreme Court in the cases granted today. With a decision by the Supreme Court on the constitutionality of ObamaCare now just months away, we will adding more members of Congress and concerned Americans to our amicus brief.

In its own lawsuit challenging ObamaCare, we will file our Petition for Writ of Certiorari with the Supreme Court within the next few weeks appealing last week's decision by a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit, which failed to reinstate its federal lawsuit and disagreed with the our argument that the individual mandate violates the Commerce Clause of the U.S. Constitution.

Here's what's clear - most Americans oppose the health care law. They have since it was passed more than a year-and-a-half ago. Now that the pro-abortion, government-run law is before the Supreme Court, we want to hear from you. It's now more important than ever for you to voice your opposition to this flawed health care law.

Take a moment and add your name to our amicus brief that we will be filing with the Supreme Court. Yes, we're representing more than 100 members of Congress, but we want tens of thousands of Americans to sign on too. This is critically important. Tell the Supreme Court - ObamaCare is not only the wrong prescription for America, it's unconstitutional as well.

Add your name here.

We expect oral arguments in these ObamaCare challenges to occur in the spring, with a decision by the high court before the end of its term this summer - just month's before the November election.