ACLJ Files Federal Lawsuit Challenging Constitutionality of Health Care Law

“This federal health care law is an unprecedented assault on the constitutional freedoms of Americans.” - Jay Sekulow, Chief Counsel, American Center for Law and Justice

WASHINGTON, June 9, 2010— The American Center for Law and Justice (ACLJ) filed a federal lawsuit in the U.S. District Court for the District of Columbia challenging the constitutionality of the recently-enacted federal health care law.  The ACLJ, which focuses on constitutional law, represents five taxpayers and contends that the mandate forcing Americans to purchase health insurance violates the U.S. Constitution and the religious rights of several plaintiffs. 

"This federal health care law is an unprecedented assault on the constitutional freedoms of Americans," said Jay Sekulow, chief counsel of the ACLJ.  "The Constitution specifically grants the federal government, including Congress, limited powers.  It's clear that this individual insurance mandate goes well beyond those enumerated powers and represents the ultimate power play-Congress and the federal government acting as if they possess a police power to pass and enforce any law that they deem advisable."

The lawsuit argues that the Patient Protection and Affordable Care Act's individual mandate, along with the imposition of shared responsibility payments for failing to buy and maintain qualifying health insurance, is unconstitutional and cannot be enforced.  It also contends that the health care law violates the rights of three of the plaintiffs-Susan Seven-Sky, Peggy Lee Mead and Charles "Eddie" Lee-under the Religious Freedom Restoration Act of 1993 (RFRA).  The suit argues that the individual insurance mandate "substantially burdens the exercise of their religion."  The suit explains, "They are forced to either join a health insurance system that contradicts the tenets of their faith or pay substantial penalties for following the tenets of their faith." 

Read the full complaint here. 

The five U.S. residents and federal taxpayers represented in the lawsuit are:  Seven-Sky of New York, Mead of North Carolina and three Texas residents-Lee, Kenneth Ruffo and Gina Rodriguez.  Additionally, the lawsuit names the defendants as: U.S. Attorney General Eric Holder, the U.S. Department of Health and Human Services and its secretary Kathleen Sebelius, and the U.S. Department of the Treasury and its secretary, Timothy Geithner.

The lawsuit requests that the court declare the individual mandate provision unconstitutional, declare the defendants violated the rights of three of the plaintiffs under the Religious Freedom Restoration Act, and issue a permanent injunction against the enforcement of the individual mandate provision.

The ACLJ filed an amicus brief yesterday in support of Virginia's legal challenge of the health care law, and is also planning to file an amicus brief in support of Florida's legal challenge.

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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