ACLJ & 105 Members of Congress Urge Supreme Court to Declare ObamaCare Unconstitutional

Washington, Oct 27, 2011 -

ACLJ & 105 Members of Congress Urge Supreme Court to Declare ObamaCare Unconstitutional

(Washington, DC) - The American Center for Law and Justice (ACLJ), focusing on constitutional law, today urged the U.S. Supreme Court to take up a Florida case challenging ObamaCare on behalf of more than 100 members of Congress and tens of thousands of Americans. In an amicus brief filed today, the ACLJ urged the high court to hear the case and declare the entire health care law unconstitutional.

"From the very start, this issue was destined for the Supreme Court," said Jay Sekulow, Chief Counsel of the ACLJ. "The time has come for the high court to engage ObamaCare and not only strike down the individual mandate, which forces Americans to purchase health insurance, but the entire health care law as well. The individual mandate is inextricably linked to the health care law and the two cannot be separated. We're urging the Supreme Court to take up this issue soon and restore clarity to a very confusing legal landscape. And we remain hopeful that at the end of the day, the high court will determine that the entire health care law is unconstitutional and cannot be implemented."

The ACLJ today filed an amicus brief backing a Petition for Writ of Certiorari regarding the Florida case challenging ObamaCare in which the U.S. Court of Appeals for the Eleventh Circuit declared the individual mandate unconstitutional, but erred in severing the mandate from the Affordable Care Act (ACA).

The amicus brief, posted here, urges the high court to tackle the individual mandate question, calling it a "matter of national importance." The brief argues that "even though the United States Court of Appeals for the Eleventh Circuit correctly held that the individual mandate is unconstitutional, it wrongly severed only the individual mandate from the ACA." Further, the brief contends: "The individual mandate, by the Federal Government’s own admission, is the essential component of the ACA. Should this Court also rule the individual mandate unconstitutional, it should decide to what extent (if any) the individual mandate can be severed from the rest of the ACA."

To read the full article, click here.