Posted on 05/11/2011 12:38:13 PM PDT by sheikdetailfeather
One of the law firms representing a lead party in the Florida litigation launched by 26 states challenging the constitutionality of Obamacare invited Landmark Legal Foundation to file an amicus curiae ("Friend of the Court") brief in support of the federal district court's decision that Obamacare was unconstitutional. Landmark was asked to address the Commerce Clause and tax issues relating to the legislation.
Landmark's amicus brief is here: /uploads/Brief_Filed.pdf
(Excerpt) Read more at marklevinshow.com ...
Landmark's amicus brief is here: /uploads/Brief_Filed.pdf
Good luck with Scalia...
...the authority to enact laws necessary and proper for the regulation of interstate commerce is not limited to laws governing intrastate activities that substantially affect interstate commerce. Where necessary to make a regulation of interstate commerce effective, Congress may regulate even those intrastate activities that do not themselves substantially affect interstate commerce.
Justice Scalia concurring in Raich
An elegant argument.
The Landmark brief makes a compelling case as to the unconstitutionality of the Health Care law, specifically relating to the “penalty provision” which would result if an individual makes the decision to not purchase health insurance.
Should the Appeals Court overturn the lower District court, it will have to do so via severe unprecedented contortions of the Constitution, and would itself likely be overturned by the USSC in my opinion.
bttt
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.