ACLJ...Brief Supporting Florida's Federal Lawsuit Challenging Health Care Law

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ACLJ...Brief Supporting Florida's Federal Lawsuit Challenging Health Care Law

Source:
Business Wire

URL Source: http://insurancenewsnet.com/article.aspx?id=236942

Published: Nov 19, 2010




ACLJ Represents 63 Members of Congress in Filing Amicus Brief Supporting Florida's Federal Lawsuit Challenging Health Care Law

WASHINGTON--(BUSINESS WIRE)-- The American Center for Law and Justice (ACLJ), focusing on constitutional law, today filed an amicus brief with
a federal court in Florida on behalf of 63 members of Congress and more
than 70,000 Americans in support of Florida's lawsuit challenging the
constitutionality of the federal health care law. The Florida brief is
the ACLJ's 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," said Jay Sekulow, Chief Counsel of the ACLJ. "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."

The ACLJ filed its 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.

In its friend-of-the-court brief, the ACLJ contends that 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 the ACLJ's 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.

Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice focuses on constitutional law and is based in Washington, D.C. The ACLJ is online
at www.aclj.org .