June 8, 2010

(Washington, DC) – The American Center for Law and Justice (ACLJ), focusing on constitutional law, said today it has filed an amicus brief with a federal court in Virginia on behalf of 28 members of Congress and more than 70,000 Americans in support of the Commonwealth of Virginia's lawsuit challenging the constitutionality of the federal health care law.   The ACLJ brief contends the mandate forcing Americans to purchase health insurance is unprecedented and violates the Commerce Clause of the U.S. Constitution.

"The individual insurance mandate represents an unconstitutional power-grab by the federal government - a clear violation of the Commerce Clause," said Jay Sekulow, Chief Counsel of the ACLJ.  "From the very start, a majority of Americans never wanted this government-run health care law.  And most Americans understand that including a provision forcing them - under penalty of law - to purchase insurance is wrong.  We support the legal action taken by the Commonwealth of Virginia and other states that challenge this governmental over-reach.  At the same time, we're preparing a federal lawsuit directly challenging this troubling provision as well - a lawsuit that will be filed soon."

The ACLJ filed its amicus brief in U.S. District Court for the Eastern District in Virginia in Richmond on behalf of 28 members of Congress and more than 70,000 Americans who oppose the individual insurance mandate in the recently passed federal health care law. 

The members of the U.S. House of Representatives of the 111th Congress include:  Paul Broun, Todd Akin, Rob Bishop, John Boehner, Michael Burgess, Dan Burton, Eric Cantor, Mike Conaway, Mary Fallin, John Fleming, Virginia Foxx, Trent Franks, Scott Garrett, Louie Gohmert, Bob Goodlatte, Jeb Hensarling, Walter Jones, Steve King, Doug Lamborn, Robert Latta, Michael McCaul, Cathy McMorris Rodgers, Jerry Moran, Mike Pence, Jean Schmidt, Lamar Smith, Todd Tiahrt, and Zach Wamp.

ACLJ also represents the ACLJ's Constitutional Committee to Challenge the President & Congress on Health Care consisting of over 70,000 Americans from across the country who oppose the individual mandate.

"Congress cannot pass just any law that seems most efficiently to address a national problem," the brief asserts. "Every federal law must derive from one of the grants of authority found in the Constitution. This the individual insurance mandate does not do."

The ACLJ and those represented in the amicus brief are dedicated to the founding principles of limited government and assert in the brief that "the Commerce Clause contains boundaries that Congress may not trespass no matter how serious the nation’s healthcare problems."  The ACLJ contends that "the individual insurance mandate provision . . . exceeds any power granted under the Commerce Clause."

The brief points out that the Supreme Court has made it clear that there are limits to Congress's power to regulate commerce - including economic activity.  The ACLJ asserts that to be engaged in commerce - which is what Congress is given the power to regulate - one must actually be doing something.  No Supreme Court case supports the notion that Congress can coerce commercial activity where none exists.

"Interpreting the Commerce power in this case to enable Congress to force American citizens to purchase health insurance would place Americans' economic liberty in serious jeopardy," the brief states.  "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."

The ACLJ also argues that the health care law would put a financial burden on states which will incur significant costs to implement a law that may be declared unconstitutional.

The ACLJ amicus brief urges the federal district court in Richmond to deny a motion by the federal government to dismiss Virginia's lawsuit challenging the health care law.

You can read the amicus brief in Virginia v. Sebelius here.

The ACLJ is preparing its own lawsuit challenging the individual mandate provision.  It expects to file a lawsuit in federal court soon.

Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice focuses on constitutional law and is based in Washington, D.C.