Back to Court on Health Care Challenge

We have filed a motion for summary judgment in our federal health care lawsuit, requesting that the trial court rule on the merits in favor of our client and invalidate the new health care law and prevent its enforcement.

In our motion, we argue on behalf of all our clients that the individual mandate provision in the health care law, which requires Americans to purchase health care insurance or be penalized, exceeds the power of Congress under the United States Constitution. 

The Constitution gives Congress few and defined powers.  The Constitution does not authorize Congress to regulate the inactivity of Americans by requiring them to buy a good or service (such as health insurance) as a condition of their lawful residence in the United States or penalize them if they do not buy the prescribed good or service.

At the same time, we argue on behalf of three clients that the individual mandate provision in the health care law violates their religious rights.  The law requires them to choose between adhering to their religious beliefs and either purchase health insurance, which runs contrary to their religious beliefs, or be penalized financially for adhering to their religious beliefs.  In particular, we argue their religious exercise is substantially burdened because they will be forced to pay penalties, as the cost of adhering to their religious principles.

You can read our motion for summary judgment here.

Our lawsuit is posted here.

As you know, this litigation is a direct challenge to the health care law.  We also support lawsuits filed by the Commonwealth of Virginia and the State of Florida challenging the health care law.