ACLJ & 105 Members of Congress Urge Supreme Court to Take ObamaCare Case and Declare Health Care Law Unconstitutional

WASHINGTON, Oct. 27, 2011 /PRNewswire-USNewswire/ --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."

The ACLJ represents itself in the brief along with 105 members of Congress - led by Rep. Paul Broun of Georgia, a physician - and includes House Majority Leader Eric Cantor. The brief also represents more than 29,000 Americans who have signed on to an ACLJ committee opposing ObamaCare.

The 105 members of Congress are listed here, all members of the U.S. House of Representatives: Paul Broun, Robert Aderholt, Todd Akin, Rodney Alexander, Steve Austria, Michele Bachmann, Spencer Bachus, Joe Barton, Rob Bishop, Diane Black, Marsha Blackburn, Larry Bucshon, Michael Burgess, Dan Burton, Francisco "Quico" Canseco, Eric Cantor, Steve Chabot, Howard Coble, Mike Coffman, Tom Cole, Mike Conaway, Chip Cravaack, Geoff Davis, Scott DesJarlais, Jeff Duncan, Blake Farenthold, Stephen Fincher, Chuck Fleischmann, John Fleming, Bill Flores, Randy Forbes, Virginia Foxx, Trent Franks, Cory Gardner, Scott Garrett, Bob Gibbs, Phil Gingrey, Louie Gohmert, Bob Goodlatte, Tom Graves, Tim Griffin, Michael Grimm, Ralph Hall, Gregg Harper, Andy Harris, Vicky Hartzler, Jeb Hensarling, Wally Herger, Tim Huelskamp, Bill Huizenga, Randy Hultgren, Lynn Jenkins, Bill Johnson, Walter Jones, Jim Jordan, Mike Kelly, Steve King, Adam Kinzinger, John Kline, Doug Lamborn, Jeff Landry, James Lankford, Robert Latta, Billy Long, Cynthia Lummis, Connie Mack, Donald Manzullo, Kenny Marchant, Kevin McCarthy, Michael McCaul, Tom McClintock, Thaddeus McCotter, Cathy McMorris Rodgers, Gary Miller, Jeff Miller, Randy Neugebauer, Alan Nunnelee, Pete Olson, Ron Paul, Steve Pearce, Mike Pence, Joe Pitts, Ted Poe, Mike Pompeo, Bill Posey, Tom Price, Ben Quayle, Reid Ribble, Scott Rigell, Phil Roe, Todd Rokita, Dennis Ross, Ed Royce, Steve Scalise, Jean Schmidt, Adrian Smith, Lamar Smith, Marlin Stutzman, Lee Terry, Tim Walberg, Joe Walsh, Daniel Webster, Lynn Westmoreland, Joe Wilson, and Don Young.

The ACLJ is awaiting a decision from a federal appeals court in Washington, D.C. concerning its lawsuit challenging ObamaCare and the individual mandate. The ACLJ presented oral arguments in September before a three-judge panel urging the appeals court to reinstate its federal lawsuit. A decision by the D.C. appeals court could come at any time.

Led by Chief Counsel Jay Sekulow, the ACLJ is based in Washington, D.C. and is online at aclj.org.

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SOURCE American Center for Law and Justice