ACLJ to SCOTUS: Reject ObamaCare's Individual Mandate


Jay Sekulow


February 8, 2012

The argument we are making to the Supreme Court is clear and concise: ObamaCare's individual mandate, which forces Americans to purchase health insurance under penalty of law, violates the Constitution and usurps the rights given to states. Today, we filed a very significant amicus brief, posted here , on behalf of 119 members of Congress and nearly 145,000 Americans, urging the high court to uphold a decision by the U.S. Court of Appeals for the Eleventh Circuit that the individual mandate violates the Commerce Clause of the Constitution and must be rejected. We contend that the appeals court got it right when it concluded that the individual mandate in the Affordable Care Act (ACA) is unconstitutional. The amicus brief contends: "The individual mandate exceeds the outermost bounds of Congress’s Article I authority and is inconsistent with the constitutional system of dual sovereignty that divides power between the federal and State governments. The individual mandate’s unprecedented requirement to buy a product from a private company is inconsistent with our constitutional tradition. Although the ACA is the first federal law relying on the Commerce Clause to cross the line between encouraging increased market activity and mandating individual purchases, it will certainly not be the last if the individual mandate is upheld." Our filing today comes one month after we filed another amicus brief at the high court. In an amicus brief filed in January , we argued that the 11th Circuit did not go far enough in its decision and erred when it failed to declare that the individual mandate cannot be severed from the health care law itself. In that brief, we represented 117 members of the House and more than 103,000 Americans. In today's filing, the focus is squarely on the individual mandate. We represent 119 members of Congress, led by Dr. Paul Broun (R-GA), including House Majority Leader Eric Cantor. Here's the complete list of the members of the U.S. House represented in the brief: Paul Broun, Robert Aderholt, Todd Akin, Rodney Alexander, Mark Amodei, Steve Austria, Michele Bachmann, Spencer Bachus, Lou Barletta, Roscoe Bartlett, Joe Barton, Rob Bishop, Diane Black, Marsha Blackburn, Charles Boustany, Kevin Brady, Mo Brooks, Larry Bucshon, Michael Burgess, Dan Burton, Francisco “Quico” Canseco, Eric Cantor, Steve Chabot, Howard Coble, Mike Coffman, Tom Cole, Mike Conaway, Chip Cravaack, Geoff Davis, Scott DesJarlais, Jeff Duncan, Blake Farenthold, Stephen Fincher, Chuck Fleischmann, John Fleming, Bill Flores, Randy Forbes, Virginia Foxx, Trent Franks, Cory Gardner, Scott Garrett, Bob Gibbs, Phil Gingrey, Louie Gohmert, Bob Goodlatte, Tom Graves, Tim Griffin, Michael Grimm, Ralph Hall, Gregg Harper, Andy Harris, Vicky Hartzler, Jeb Hensarling, Wally Herger, Tim Huelskamp, Bill Huizenga, Randy Hultgren, Lynn Jenkins, Bill Johnson, Walter Jones, Jim Jordan, Mike Kelly, Steve King, Adam Kinzinger, John Kline, Raul Labrador, Doug Lamborn, Jeff Landry, James Lankford, Robert Latta, Billy Long, Blaine Luetkemeyer, Cynthia Lummis, Dan Lungren, Connie Mack, Donald Manzullo, Kenny Marchant, Kevin McCarthy, Michael McCaul, Tom McClintock, Thaddeus McCotter, Cathy McMorris Rodgers, Gary Miller, Jeff Miller, Randy Neugebauer, Alan Nunnelee, Pete Olson, Ron Paul, Steve Pearce, Mike Pence, Joe Pitts, Ted Poe, Mike Pompeo, Bill Posey, Tom Price, Ben Quayle, Denny Rehberg, Reid Ribble, Scott Rigell, Phil Roe, Todd Rokita, Dennis Ross, Ed Royce, Steve Scalise, Jean Schmidt, David Schweikert, Adrian Smith, Lamar Smith, Marlin Stutzman, Lee Terry, Scott Tipton, Michael Turner, Tim Walberg, Joe Walsh, Daniel Webster, Lynn Westmoreland, Joe Wilson, Rob Woodall, and Don Young. At the same time, we represent more than 144,000 Americans - supporters of the ACLJ - who are seeking to have ObamaCare declared unconstitutional. As you know, we're deeply involved in challenging ObamaCare and have appealed a decision by a federal appeals court to the Supreme Court , asking the high court to consider the appeal separately or hold it until the health care cases now before it are decided. In addition to the brief filed today, we're preparing to file an amicus brief in the coming days arguing that the Anti-Injunction Act, which prohibits a lawsuit from stopping a tax before it has been imposed, does not apply to ObamaCare. The high court will hear oral arguments on the challenges to ObamaCare in March. A decision by the Supreme Court is expected before the end of the term in June.