Backing FL's Challenge to ObamaCare | American Center for Law and Justice
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By Jay Sekulow1307640365000

It's a vital part of our strategy to derail ObamaCare.  Today we filed an amicus brief in federal court in Florida - backing that massive lawsuit challenging the constitutionality of the individual mandate in ObamaCare.

What's more - we represent 63 members of Congress and more than 70,000 Americans who oppose this measure.  The Florida brief is our latest effort - which includes backing Virginia's legal challenge and a lawsuit of its own - contending the individual mandate forcing Americans to purchase health insurance violates the Constitution.

The health care law is not only the wrong prescription for the nation, it's a constitutionally flawed measure that we believe ultimately will be rejected by the courts and the American people.  

The requirement forcing Americans to purchase health insurance under penalty of law represents an unprecedented expansion of federal power which threatens individual liberty.  It's our hope that the legal challenges - coupled with a growing sentiment in Congress to derail the health care law - will ensure that ObamaCare is never implemented.  As evidenced by the latest elections, most Americans want sensible, affordable health care reform - not government-run ObamaCare that violates the Constitution.

We filed our amicus brief in U.S. District Court for the Northern District of Florida, Pensacola Division on behalf of 63 members of Congress and more than 70,000 Americans who oppose the individual insurance mandate in federal health care law.  Our argument is clear: the federal health care law is government over-reach and violates the Commerce Clause of the U.S. Constitution.

"Put simply, Congress cannot pass any law that seems to most efficiently address a national problem. Every federal law must derive from one of the grants of authority found in the Constitution," the brief asserts.  "This unprecedented expansion of federal power reflected in the government[']s understanding of the commerce power is wrong, and that expansion of power threatens individual liberty."

The brief further contends:  "Interpreting the commerce power to enable Congress to force American citizens to purchase health insurance would place Americans economic liberty in serious jeopardy.  There is no principled basis for limiting such power to health insurance purchases because every purchasing decision may have a rippling effect on interstate commerce."

"Upholding the individual mandate would effectively confer upon Congress 'a plenary police power,' Lopez, 514 U.S. at 566, over all individual economic decisions and place Americans['] economic liberty at risk," the brief asserts.

In this filing, the ACLJ represents 63 Members of the U.S. House of Representatives, led by Dr. Paul Broun and including incoming House Majority Leader Eric Cantor, as well as the ACLJ's Constitutional Committee to Challenge the President and Congress on Health Care, which consists of over 70,000 Americans from across the country who oppose the individual mandate.

Members of the U.S. House of Representatives include:  Paul Broun, Robert Aderholt, Todd Akin, Rodney Alexander, Michele Bachmann, Spencer Bachus, Rob Bishop, Marsha Blackburn, Michael Burgess, Dan Burton, Eric Cantor, Jason Chaffetz, Mike Coffman, Tom Cole, Mike Conaway, Geoff Davis, Jeff Flake, John Fleming, Virginia Foxx, Trent Franks, Scott Garrett, Louie Gohmert, Tom Graves, Ralph Hall, Greg Harper, Jeb Hensarling, Wally Herger, Lynn Jenkins, Walter Jones, Jim Jordan, Steve King, John Kline, Doug Lamborn, Robert Latta, Cynthia Lummis, Dan Lungren, Connie Mack, Donald Manzullo, Kenny Marchant, Kevin McCarthy, Tom McClintock, Cathy McMorris Rodgers, Garry Miller, Jeff Miller, Jerry Moran, Randy Neugebauer, Pete Olson, Ron Paul, Mike Pence, Joe Pitts, Bill Posey, Tom Price, George Radonovich, Mike Rogers (AL), Steve Scalise, Pete Sessions, John Shadegg, Adrian Smith, Lamar Smith, Todd Tiahrt, Zach Wamp, Lynn Westmoreland, and Joe Wilson.

You can read our amicus brief here.

The ACLJ is also challenging the individual mandate with its own lawsuit filed in federal court in Washington, D.C., and has 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.

The legal challenges come as we continue to work aggressively on Capitol Hill to work at derailing ObamaCare legislatively.  Those efforts are continuing.

The fact is: Americans want and need health care reform.  But ObamaCare - a government-run, costly, pro-abortion health care plan - is not the answer.  That's why we're taking extraordinary steps both legally and legislatively to ensure this flawed measure is never fully enacted.

 

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