Today, we filed the only amicus brief supporting a 20-state challenge to Obamacare being led by Texas Attorney General Ken Paxton. The case is pending in the U.S. District Court for the Northern District of Texas In December 2017, President Trump signed the Tax Cuts and Jobs Act of 2017, which eliminated the Obamacare penalty for failing to comply with the individual mandate. The Texas lawsuit asks that Obamacare be declared unconstitutional in its entirety, since a zero tax cannot form the basis of the exercise of the taxing power.
Today our firm filed a brief supporting a challenge to the contraceptive/abortifacient imposed by Obamacare. Our brief asked the U.S. Supreme Court to expand the scope of its review, which is now narrowly limited to the Religious Freedom Restoration Act (“RFRA”) issue, to also include the First Amendment issue.
The brief was filed on behalf of U.S. Justice Foundation, Eberle Communications Group, Public Advocate of the United States, Citizens United, Citizens United Foundation, Conservative Legal Defense and Education Fund, Institute on the Constitution, Policy Analysis Center, Southwest Prophecy Ministries, Daniel Chapter One, and Virginia Delegate Bob Marshall.
This article includes long quotations from our brief, including: “The Constitution is either a superior, paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, and like other acts, is alterable when the legislature shall please to alter it.”
Today we filed our sixth brief opposing Obamacare, five of which briefs have been filed in the U.S. Supreme Court. Maybe this will be the case that will have this terrible law struck down as the unconstitutional monstrosity it has been since it was enacted in 2010.
Today, our firm filed an amicus brief in the U.S. Supreme Court in opposition the Obamacare healthcare “exchanges” created by the federal government contrary to the plain language of the statute.
The Affordable Care Act (“ACA”) authorized tax credits only for taxpayers who purchase qualified health insurance through an “Exchange” which was established by a state. However, after ACA was enacted, state legislatures reflected popular opposition to Obamacare, and only 16 states created such Exchanges, despite being offered federal bribes to do so.
The story is told of a grizzled Master Sargent who, reflecting on his years of service, said: “When I joined up, homosexuality was prohibited; now it’s tolerated; and I darn sure am getting out before it’s mandatory.” So it is with respect to homosexual and abortion rights. First, the goal is said to be tolerance. Then, governmental approval and support. Lastly, any pretense of tolerance disappears, and the coercive force of government is used to eliminate any vestige of opposition. The Obamacare contraception/abortion mandate demonstrates that our nation is at the end of phase two, moving into phase three.
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.”
Today our firm filed an amicus brief in the case of Virginia v. Kathleen Sebelius in the United States Supreme Court in support of petitioner. This petition presents to the Supreme Court a clash between a federal law mandating the individual purchase of its approved healthcare insurance — the Patient Protection and Affordable Care Act (“PPACA”) — and a state law securing to state residents the freedom to choose whether or not to purchase such insurance — the Virginia Health Care Freedom Act (“VHCFA”).
Today our firm filed an amicus brief in the case of Commonwealth of Virginia v. Kathleen Sebelius in the United States Court of Appeals for the Fourth Circuit on behalf of Virginia Delegate Bob Marshall, Gun Owners of America, Inc., Gun Owners Foundation, American Life League, Inc., Institute on the Constitution, the Lincoln Institute for Research and Education, Public Advocate of the United States, Conservative Legal Defense and Education Fund, The Liberty Committee, Downsize DC Foundation, DownsizeDC.org, and Policy Analysis Center.