Skip to comments.27 Congressmen to Court: If Individual Mandate's Unconstitutional, Strike Down All Obamacare
Posted on 01/10/2012 7:47:01 AM PST by afraidfortherepublic
CNSNews.com) Twenty-seven members of Congress, including House Judiciary Committee Chairman Lamar Smith (R-Texas), have signed an amicus brief asking the U.S. Supreme Court to strike down the entire Obamacare law if it finds that the individual mandate provision is unconstitutional.
The Family Research Council filed the amicus curiae in the case challenging the constitutionality of the individual mandate of the Patient Protection and Affordable Care Act, commonly known as Obamacare.
The individual mandate is one provision in a larger law that also requires certain employers to provide government-approved insurance or face a penalty, establishes exchanges for government-approved insurance plans and requires insurers to cover pre-existing conditions.
Key to the high courts decision will be whether striking down this provision would nullify the entire law. The legislation did not contain a severability clause. Severability would allow some parts of the law to be struck down while maintaining others.
Opponents argue that that the provisiom requiring individuals to buy health insurance is not constitutional, while the Obama administration contends that the Commerce Clause of the Constitution allows it.
Several lawsuits have been brought against the law, with some lower federal courts striking down the law and others affirming it.
Other members of Congress to join the brief are House Judiciary Subcommittee on the Constitution Chairman Trent Franks (R-Ariz.), Republican Study Committee Chairman Rep. Jim Jordan (R-Ohio), Rep. Mike Pence (R-Ind.), a candidate for governor of Indiana and senior House Judiciary members Rep. Louis Gohmert (R-Texas) and Rep. Steve King (R-Iowa).
Ken Klukowski, legal counsel for the Family Research Council, and Nelson Lund, a professor at George Mason University School of Law, co-authored the brief. The FRCs earlier brief was cited in Florida U.S. District Judge Roger Vinsons decision to strike down the entire Obamacare law as unconstitutional.
After almost two years of impassioned debate, Obamacare will finally have its day before the Supreme Court, Klukowski said in a statement. The 'individual mandate' in Obamacare that requires all Americans to have health insurance is unconstitutional. And for the reasons we explain in this brief, 135 years of Supreme Court precedent show that this is one of those rare instances where striking down the individual-mandate provision requires the Court to strike down this entire 2,700-page law.
We have high hopes that the Supreme Court will recognize that the individual mandate is unconstitutional, and will act to safeguard the freedoms of all Americans by holding the individual mandate 'nonseverable,' and strike down every part of Obamacare, Klukowski continued.
Is this case scheduled for a decision by June 30?
Need a list of supporters.
And strike down RomneyCare, too!
Another issue that should be used to support the overthrow of this travesty is the use of EXEMPTIONS for some companies.
What happened to equal relief under the law?
All animals are created equal, some are more equal than others...........
FTA: Other members of Congress to join the brief are House Judiciary Subcommittee on the Constitution Chairman Trent Franks (R-Ariz.), Republican Study Committee Chairman Rep. Jim Jordan (R-Ohio), Rep. Mike Pence (R-Ind.), a candidate for governor of Indiana and senior House Judiciary members Rep. Louis Gohmert (R-Texas) and Rep. Steve King (R-Iowa).
There are 6. Who are the other 21?
Good for them. The Supreme Court should NOT be deciding the validity of the severability clause that Dems, in their rush to put out this monstrosity of a bill, forgot.
They erroneously left it in, now let them deal with the consequences.
If one piece of this legislation is overturned, it ALL goes back to the drawing board. That is the only legitimate way of handling it.
Start over a build a decent BIPARTISAN piece of legislation, not the crap sandwich being forced on all of us except those connected few in governemnt and waivered-up.
This is more than those who have signed on but I’m guessing the signers are all here.
Paul Broun (R-GA), including House Majority Leader Eric Cantor. Here’s the complete list of the members of the U.S. House represented in the brief: Paul Broun, Robert Aderholt, Todd Akin, Rodney Alexander, Mark Amodei, Steve Austria, Michele Bachmann, Spencer Bachus, Lou Barletta, Roscoe Bartlett, Joe Barton, Rob Bishop, Diane Black, Marsha Blackburn, Charles Boustany, Kevin Brady, Mo Brooks, 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, Raul Labrador, Doug Lamborn, Jeff Landry, James Lankford, Robert Latta, Billy Long, Blaine Luetkemeyer, Cynthia Lummis, Dan Lungren, 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, Scott Tipton, Michael Turner, Tim Walberg, Joe Walsh, Daniel Webster, Lynn Westmoreland, Joe Wilson, Rob Woodall, and Don Young.
Tim Wahlberg is there.
I figured he would be. He’s a regulation cutter.
The fact that Congress intentionally omitted a severability clause, when that is in almost all other legislation, is a strong indication that Congress intended for it to be struck down if any portion is found unconstitutional.
Where the heck is James Sensenbrenner? If he is not for striking down Obamacare, then I have no more use for him. But, he’s been redistricted so he’s no longer my Congressman.
If found unconstitutional, it becomes a campaign issue for Obama and the Dems vs. the GOP and "conservative" SCOTUS. I can see the ad now: "First, they disenfranchised voters in 2000. Now, in 2012, they stopped affordable healthcare for all. Only Obama will appoint justices that will reverse this outrage."
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