ACLJ Encouraged Justice Kennedy Skeptical of ObamaCare's Individual Mandate
WASHINGTON, March 27, 2012 /PRNewswire-USNewswire/ -- The American Center for Law and Justice (ACLJ), which is challenging ObamaCare on behalf of more than 100 members of Congress and nearly 145,000 Americans, said it is encouraged by today's oral arguments which raised serious questions about the constitutionality of the individual mandate, which forces Americans to purchase health insurance. Numerous Justices, including Justice Anthony Kennedy, expressed skepticism about the constitutionality of the mandate.
"The questions raised by Justice Kennedy indicate a growing concern about the constitutionality of the individual mandate," said Jay Sekulow, Chief Counsel of the ACLJ. "While you can never predict the outcome of a Supreme Court case based on oral arguments, it is very encouraging that it appears a majority of the Justices understand that requiring Americans to purchase health insurance raises significant constitutional questions. The concerns were clear: if the government is permitted to force Americans to purchase health insurance, where do you draw the line? Most Americans don't want ObamaCare and we're hopeful that a majority of the Justices declare the entire health care law, including the individual mandate, unconstitutional."
Justice Anthony Kennedy, who is thought to be a swing vote in this debate, seemed very skeptical about mandate, calling such an idea "unprecedented." He 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.
The ACLJ is aggressively challenging ObamaCare and the individual mandate. In an amicus brief filed with the high court, the ACLJ represents 119 members of Congress and nearly 145,000 Americans, urging the high court to uphold a decision by the U.S. Court of Appeals for the Eleventh Circuit that the individual mandate violates the Commerce Clause of the Constitution and must be rejected.
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SOURCE American Center for Law and Justice
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