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The 11th Circuit Court of Appeals on Friday declared the
individual mandate of ObamaCare, the provision making Americans
purchase health insurance, unconstitutional.
The court, in a split decision, found that “the individual
mandate contained in the Act exceeds Congress’s enumerated commerce
power.”
The American Center for Law and Justice (ACLJ) applauds the
decision. The ACLJ, which is actively challenging ObamaCare, focuses
on constitutional law and is based in Washington, D.C.
“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 the mandate. “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.”
Liberty Counsel, an international nonprofit litigation, education
and policy organization, also supports the court’s decision.
“Today’s ruling striking down the individual mandate is welcome
news,” Founder and Chairman of Liberty Counsel and Dean of Liberty
University School of Law Mathew Staver said on Friday. “The federal
government does not have the authority to force individuals to
purchase health insurance.
“ObamaCare represents the biggest government intrusion into the
private lives of every American. The Court of Appeals should have
thrown out ObamaCare in its entirety. Without the individual mandate,
the law will cause the insurance industry to implode. With or without
the mandate, ObamaCare has been a catastrophe.”
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. The ACLJ is preparing for oral arguments in its own
federal court challenge of ObamaCare.
It is scheduled to present arguments to a federal appeals court in
Washington on Sept. 23, to urge the court to reinstate its lawsuit
challenging the individual mandate. The ACLJ’s filing
contends that the individual mandate violates the Commerce Clause, an
argument it believes is grounded in the Constitution.
“There’s still a lot of active litigation to play out,”
Sekulow said. “But [Friday]’s decision gives us even more hope that
this troubling health care law ultimately will be put to rest.”
