ObamaCare Reaches Court of Appeals with Filing of Brief Challenging Constitutionality

Jan 17, 2011

www.LC.org

Today Liberty Counsel filed its Initial Brief at the Fourth Circuit Court of Appeals on behalf of Liberty University and two private parties, against the so-called “ObamaCare” legislation passed last year. 

District Court Judge Norman Moon found that Liberty University and two individual plaintiffs had standing to assert their constitutional claims against the individual and employer mandates, that their claims were ripe for consideration, and that the Anti-Injunction Act, which prohibits taxpayers from trying to enjoin the collection of taxes, does not bar the claims. He then ruled on the merits of the substantive claims, finding that Congress acted within its authority under the Commerce Clause when it enacted the mandates in the healthcare law. 

If Congress had authority to force every American to buy a particular health insurance product, then Congress’s authority would be unlimited. The authority and scope of the federal government’s reach into our private lives would increase and our liberty would decrease. We are confident that the federal healthcare law will eventually be struck down on appeal because it is unconstitutional. 

Read our News Release for more details.

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