WASHINGTON--(BUSINESS WIRE)-- The American Center for Law and Justice (ACLJ), focusing on constitutional law, announced today it has filed an amicus brief supporting a Michigan challenge to ObamaCare and urging a federal appeals court to overturn a lower court ruling and declare the individual mandate provision - which forces Americans to purchase health care insurance - unconstitutional. The brief comes just days after a federal district court in Virginia declared the individual mandate unconstitutional. The ACLJ, which has filed its own federal lawsuit challenging ObamaCare, is also backing legal challenges by Virginia and Florida.
"Without question, the individual mandate provision violates the Commerce Clause of the U.S. Constitution," said Jay Sekulow, Chief Counsel of the ACLJ. "A federal district court in Virginia this week understood that the key provision in ObamaCare is constitutionally flawed and is beyond the scope of Congress's authority. It's our hope that the federal appeals court in this Michigan case reaches that same conclusion."
In the amicus brief filed in the U.S. Court of Appeals for the Sixth Circuit, the ACLJ contends that the Commerce Clause "authorizes Congress to regulate economic activity, not economic decisions." The brief adds: "As such, the Commerce Clause does not authorize Congress to regulate the inactivity of American citizens by requiring them to buy a good or service (such as health insurance) as a condition of their lawful residence in this country. Because the individual mandate provision of the PPACA requires citizens to purchase health insurance or be penalized, the PPACA exceeds Congress’s authority under the Commerce Clause." The amicus brief is posted here.
In a decision earlier this week, a federal district court in Virginia declared the individual mandate unconstitutional saying it "exceeds the constitutional boundaries of congressional power." The Obama Administration says it will appeal and the ACLJ, which filed an amicus brief representing 28 members of Congress and more than 70,000 Americans, is already working on another amicus brief in support of Virginia's position as the appeal moves forward.
At the same time, the ACLJ has filed its own federal lawsuit in Washington, D.C. - a direct challenge to the constitutionality of the individual mandate. And, the ACLJ has filed an amicus brief representing more than 60 members of Congress backing Florida's challenge of the health care law.
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.
American Center for Law and Justice (ACLJ)
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KEYWORDS: United States North America District of Columbia Michigan
INDUSTRY KEYWORDS: Health Public Policy/Government Healthcare Reform Courts Public Policy White House/Federal Government Professional Services Legal General Health Managed Care