Skip to comments.ACLJ Calls 11th Circuit Decision "Critical Step Forward in Undoing ObamaCare"
Posted on 08/12/2011 1:15:33 PM PDT by neverdem
ACLJ Calls 11th Circuit Decision "Critical Step Forward in Undoing ObamaCare"
WASHINGTON, Aug. 12, 2011 /PRNewswire-USNewswire/ -- The American Center for Law and Justice (ACLJ), which is actively challenging ObamaCare, said today's decision by the 11th Circuit Court of Appeals declaring the individual mandate of ObamaCare unconstitutional represents a "critical step forward in undoing ObamaCare."
"The appeals court got it right and the decision represents a critical step forward in undoing ObamaCare," said Jay Sekulow, Chief Counsel of the ACLJ, which is involved in litigation challenging ObamaCare. "The individual mandate, which forces Americans to purchase health insurance, exceeds the authority of the Commerce Clause. We're delighted that the appeals court recognized that fact. While the appeals court did not declare the entire law unconstitutional, by striking the individual mandate, the entire law is clearly in jeopardy. We remain hopeful that the Supreme Court will ultimately declare the entire health care law unconstitutional."
The ACLJ filed an amicus brief backing Florida's position in the 11th circuit case representing 74 members of Congress and more than 70,000 Americans. That brief is posted here(PDF).
The ACLJ is preparing for oral arguments in its own federal court challenge of ObamaCare. The ACLJ will present arguments to a federal appeals court in Washington, D.C.September 23rd urging the court to reinstate its lawsuit challenging the individual mandate. In our latest court filing, posted here(PDF), the ACLJ contends that the individual mandate violates the Commerce Clause, an argument "grounded in the Constitution."
Led by Chief Counsel Jay Sekulow, the ACLJ is based in Washington, D.C. and is online at www.aclj.org.
SOURCE American Center for Law and JusticeBack to top
Can we get SSI and Medicare rescinded as well on the same basis?
The Supremes should accept this case and then insist that Sotomayor recuse herself. If that happens and there is a 4-4 tie then then the lower court ruling stands.
How sweet that would be - Roberts, Alito, Thomas and Scalia sustain the ruling and we don’t have to worry about Kennedy.
Are you listening Justice Roberts?
Kagan I thought it was Kagan who worked on the Obama Care bill.
This is the 11th court. Not one of the lessor courts. This one is big..REAL big.
Kagan I thought it was Kagan who worked on the Obama Care bill.
Oops, I think you are right.
Doest matter really. The one who did cannot sit on this issue. If she does, its impeachment for her.
As I said in other FR threads... all these things happening in the lower courts are NOTHING.
Whoever wins or lose in this or that circuit court is going to fight it allthe way to the SCOTUS.
And there — ONE MAN will eventually be the deciding factor -— Justice Kennedy ( and it will all depend on which side of the bed he happens to wake up on ).
Obamacare, if it ruled constitutional, is a lose/lose proposition.
There is no way that the country could survive the impact of that program, and even if it takes 10 years, the end result is that, the country’s economy will continue shrinking because of the mandate, where the government would need to extract more from businesses and individual in order to meet the obligations of the law.
So, even if the ACLJ loses, and Obama wins, the country loses in the end, and Obamacare won’t be sustainable.
Do you REALLY think Sota-my-YOUR is going to recuse herself? HA! That’d be the day!
Actually it is Kagan not Sotomayer. My mistake.
To your point - no I don’t think she will. But it could be she can be forced to although I have no idea what the mechanism would be. But Congress has expressed an interest in her decision and the LAW requires that she do so if there is a conflict of interest which there obviously is in this case. And there could be pressure from Justice Roberts as well.
But it’s a long shot for sure.
That’s the way it SHOULD work, however, I have no faith in the likes of Kagan to do the right thing. Kagan will NEVER recuse herself from this and no one will do anything about it. The 0baMao administration will do nothing and the wimpy Repubicans will sit by, wringing their hands. And the media, far from pointing out the sham, will facilitate it.
Thanks for the links. It is good to know others have a clue as to what constitutes “necessary and proper.”
. Some noteworthy articles about politics, foreign or military affairs, IMHO, FReepmail me if you want on or off my list.
Cap the spending and cut the program.
If you think like a libertarian, then Kennedy makes sense. I'm worried about Scalia.
RE: I’m worried about Scalia.
I am quite sure that Scalia will vote to uphold the 11th circuit’s decision. As will Thomas, Alito and Roberts.
I am also sure that Ginsberg, Breyer, Kagan and Sotomayor will vote against the 11th circuit’s decision.
Kennedy is the unpredictable one ( as usual ).
If Kagan had any ounce of decency, she should recuse herself. She had a hand in crafting the defense of Obamacare before she was appointed to the SCOTUS.
I would certainly not pretend to be a legal scholar; but it is my understanding that this law lacks the usual "severability clause," which would allow one or more portions of the law to be declared unconstitutional, while the rest is allowed to stand.
And if that is the case, the unconstitutionality of any portion of the law (if the SCOTUS concurs, when it eventually hears the case) would serve to nullify the entire law.
Does anyone else--preferably, someone with a legal background--have any further information on this?
>> “If that happens and there is a 4-4 tie then then the lower court ruling stands.” <<
But only within their circuit, although other judges are then allowed to cite their decision in making their own.
>> “Justice Kennedy ( and it will all depend on which side of the bed he happens to wake up on ).” <<
Sad but true.
>> “Sota-my-YOUR” <<
Sorta my whore?
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