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 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:
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.