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ACLJ: Supreme Court Decision on ObamaCare "Extremely Disappointing"

June 28, 2012

2 min read

ObamaCare

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(Washington, DC) - The American Center for Law and Justice (ACLJ), which represented more than 100 members of Congress and nearly 145,000 Americans in challenging the individual mandate of the health care law, said today it is “extremely disappointing” that the Supreme Court upheld the constitutionality of the mandate and the entire health care law.

“The Supreme Court decision upholding the constitutionality of the individual mandate is extremely disappointing,” said Jay Sekulow, Chief Counsel of the ACLJ. “While the Court correctly concluded that the mandate violated the Commerce Clause of the Constitution, a majority concluded that the individual mandate is a constitutionally-acceptable taxing provision for the health care law.”

“The high court missed an important opportunity to rein in a runaway federal government that's determined to interject itself into every aspect of the lives of Americans. By permitting the individual mandate to stand, the high court opened the door to permitting the federal government to take more control over the lives of Americans.”

Sekulow added: “The decision to keep the health care law intact is problematic for our nation and the American people. The government-run, pro-abortion law may have survived constitutional scrutiny, but the focus now turns to November and the election. The American people understand that this law is not what our nation needs or deserves. Our efforts will intensify to support a legislative remedy that ultimately will result in the repeal of ObamaCare.”

The high court decision upholding the mandate as a taxing provision counters how President Obama has described the mandate in the past. The fact is that President Obama refused to frame the health care mandate as a tax during an interview with ABC News in 2009. The President flatly rejected the assertion that the penalty for not purchasing health care insurance should be characterized as a tax.  "I absolutely reject that notion," the President said.

The ACLJ’s amicus brief, posted here, was filed on behalf of 119 members of Congress and nearly 145,000 Americans and urged the high court to declare the individual mandate unconstitutional.

Led by Chief Counsel Jay Sekulow, the ACLJ, focusing on constitutional law, is based in Washington, D.C.

 

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