ACLJ Files Amicus Brief in Support of Virginia’s Federal Lawsuit Challenging Health Care Law

“We support the legal action taken by the Commonwealth of Virginia and other states that challenge this governmental over-reach.” - Jay Sekulow, Chief Counsel American Center for Law and Justice

WASHINGTON, June 8, 2010— Today the American Center for Law and Justice (ACLJ) filed an amicus brief supporting the Commonwealth of Virginia's lawsuit challenging the constitutionality of the federal health care law.  The amicus brief was filed in the U.S. District Court for the Eastern District of Virginia on behalf of 28 members of the United States Congress and more than 70,000 Americans who oppose the individual insurance mandate in the recently passed federal health care law. 

"The individual insurance mandate represents an unconstitutional power-grab by the federal government - a clear violation of the Commerce Clause," said Jay Sekulow, chief counsel of the ACLJ.  "We support the legal action taken by the Commonwealth of Virginia and other states that challenge this governmental over-reach."

The ACLJ and those represented in the amicus brief are dedicated to the founding principles of limited government and contend that the Commerce Clause contains boundaries that Congress may not trespass, no matter how serious the nation's health care problems.  The brief points out that the Supreme Court has made it clear that there are limits to Congress' power to regulate commerce - including economic activity. 

"Congress cannot pass a law just because it seems to efficiently address a national problem," the brief states. "Every federal law must derive from one of the grants of authority found in the Constitution. The individual insurance mandate provision ...  exceeds any power granted under the Commerce Clause."

The members of the U.S. House of Representatives represented in the amicus brief include: Todd Akin, Paul Broun, ,Rob Bishop, John Boehner, Michael Burgess, Dan Burton, Eric Cantor, Mike Conaway, Mary Fallin, John Fleming, Virginia Foxx, Trent Franks, Scott Garrett, Louie Gohmert, Bob Goodlatte, Jeb Hensarling, Walter Jones, Steve King, Doug Lamborn, Robert Latta, Michael McCaul, Cathy McMorris Rodgers, Jerry Moran, Mike Pence, Jean Schmidt, Lamar Smith, Todd Tiahrt, and Zach Wamp.

The amicus brief urges the federal district court in Richmond to deny a motion by the federal government to dismiss Virginia's lawsuit challenging the health care law.  The ACLJ is also preparing its own lawsuit challenging the individual mandate provision and expects to file it in a federal court soon.

Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice focuses on constitutional law and is based in Washington, D.C.  The ACLJ is online at www.aclj.org. 

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