Search  |  Login  |  Register

By Jay Sekulow1332941988000

It was high drama inside the Supreme Court today. The individual mandate - the key element of ObamaCare - was at the center of the debate. The issue: Does the individual mandate, which requires Americans to purchase health insurance, violate the Commerce Clause of the Constitution? If the government can force you to buy health insurance, where does it stop?

What was very encouraging today is that Justice Anthony Kennedy, considered to be the swing vote in this issue, expressed deep skepticism about the constitutionality of the mandate. In fact, he called such an idea "unprecedented" and told the Solicitor General that the government needed to answer a "very heavy burden of justification" to show how the Constitution authorizes Congress to require that people buy insurance. 

As I told Megyn Kelly on FOX News today, the concerns raised by Justice Kennedy, are very telling. You can watch the interview here.

As you know, I have repeatedly said it's difficult to judge the outcome of a Supreme Court case based on oral arguments. What did become clear today is that with an increasing level of skepticism about the individual mandate - and now from Justice Kennedy - this could spell real trouble for the survival of ObamaCare.

In our amicus brief filed at the high court, we represent 119 members of Congress and nearly 145,000 Americans urging the Justices to reject the individual mandate.

You can listen to the oral arguments and read a transcript of the arguments from today's session here.

Tomorrow: the focus is on severability. If the mandate is declared unconstitutional, does the whole health care law go? We think the answer has to be yes. We'll have details and analysis of Day Three on our daily radio broadcast.

 

Latest in
ObamaCare

Though Flawed, ObamaCare Stands

By Michelle Terry1435602214218

About a month ago, we discussed five critical failures of the Affordable Care Act, otherwise known as ObamaCare. Unfortunately, we now know that the highest Court in the land has determined – again – that this law will stand, despite its many flaws. Last Thursday, the Supreme Court of the United...

read more

Supreme Court Again Rewrites ObamaCare

By Jay Sekulow1435247432884

It’s a troubling and disappointing decision by the Supreme Court. Today’s 6-3 decision by the U.S. Supreme Court backing the Obama Administration’s health care law – granting taxpayer subsidies not authorized by Congress in order to save the flawed law – did not interpret the law. The majority...

read more

Will SCOTUS Topple ObamaCare?

By Edward White1434376800000

According to Jonathan Gruber, an architect of ObamaCare who helped the Obama Administration deceive the American people about it, the law has three key interrelated components: (1) rules dictating what health insurance plans must include, (2) the individual and employer mandates, and (3) subsidies...

read more

Jay Discusses Latest ObamaCare Case

By ACLJ.org1434122648336

Earlier this week, ACLJ Chief Counsel Jay Sekulow visited America’s Newsroom on Fox News to discuss the latest ObamaCare Supreme Court case with Bill Hemmer. The Supreme Court will issue its ruling in King v. Burwell any day now. The case centers around an IRS regulation that unilaterally and...

read more