CQ - House GOP Files Brief Demanding Supreme Court Review of Health Care Law

By Emily Ethridge, CQ

More than 100 House Republicans asked the Supreme Court to consider the constitutionality of last year’s health care law, one of a slew of briefs expected to be filed before the justices meet Nov. 10 to consider how they will handle challenges to the law.

Rep. Paul Broun, R-Ga., and the conservative American Center for Law and Justice, filed an amicus brief with the court Thursday. They were joined in the brief by 105 additional lawmakers, including House Majority Leader Eric Cantor, R-Va.

“It is my sincere hope that the United States Supreme Court will take up this case and apply the Constitution as the Founding Fathers intended. If they do, they will undoubtedly overturn Obamacare,” said Broun, a physician, referring to the law (PL 111-148, PL 111-152). . . .

“Congress’s conscious rejection of a severability clause in the ACA is strong evidence that Congress did not intend for the statute’s individual provisions to be severable,” the brief says. “Second, Congress could not have intended the individual mandate to be severable if severing it would allow an inoperable or counterproductive regulatory scheme to stand.” . . .

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