Dept. of Health and Human Services, et al. v. State of Florida, et al. (Obamacare), Amicus Brief for Virginia Delegate Bob Marshall et al. in the U.S. Supreme Court

Michael Harless Health Law, U. S. Supreme Court

Today our firm filed an amicus brief in the case of Dept. of Health and Human Services, et al. v. State of Florida, et al.(Obamacare) in the United States Supreme Court in support of respondents (minimum coverage provision). The brief asked the Court to overturn two of its most extreme, and controversial, Commerce Clause holdings:

“The Government believes that this law is fully justified under this Court’s Commerce Clause jurisprudence, particularly relying on United States v. Darby and Wickard v. Filburn. These revolutionary Supreme Court decisions cast aside settled constitutional doctrine for reasons of political expediency in the wake of President Franklin D. Roosevelt’s threat to pack the Court. The time has come that they should be re-examined and overturned, lest Congress conclude that it can compel whatever behavior it believes would make us a more healthy People — leading us to a totalitarian state where everything not prohibited is mandated.”

Our amicus brief was filed on behalf of:
Virginia Delegate Bob Marshall
Virginia Senator Dick Black
Oklahoma Representative Charles Key
Institute on the Constitution
U.S. Justice Foundation
Gun Owners Foundation
The Lincoln Institute for Research and Education
The United States Constitutional Rights Legal Defense Fund, Inc.
Conservative Legal Defense and Education Fund
Policy Analysis Center
Downsize DC Foundation
Gun Owners of America, Inc.
The Liberty Committee
Public Advocate of the United States
American Life League, Inc.
DownsizeDC.org.

Link to brief