Federal Court Declares ObamaCare Unconstitutional

"This decision guts ObamaCare and represents a decisive and significant victory for America against the largest power-grab by the federal government in U.S. history. The court correctly concluded that forcing someone to buy health insurance is not economic activity and that Congress does not have that authority under the Commerce Clause," said Jay Sekulow, chief counsel of the ACLJ.

WASHINGTON, Dec. 13, 2010— A federal district court in Virginia has handed down a decision declaring the individual mandate of the health care law unconstitutional. 

The American Center for Law and Justice (ACLJ), the nation's top conservative public interest law firm, is calling the court's action a "sound decision" that "guts" ObamaCare and represents a "decisive and significant victory for America."  The ACLJ backed Virginia's lawsuit challenging ObamaCare in filing an amicus brief representing 28 members of Congress-including incoming House Speaker John Boehner and incoming House Majority Leader Eric Cantor-as well as more than 70,000 Americans.  

"We're very pleased the federal court reached a sound decision and concluded that the individual insurance mandate is an unconstitutional violation of the Commerce Clause," said Jay Sekulow, chief counsel of the ACLJ.  "This decision guts ObamaCare and represents a decisive and significant victory for America against the largest power-grab by the federal government in U.S. history.  The court correctly concluded that forcing someone to buy health insurance is not economic activity and that Congress does not have that authority under the Commerce Clause.  We're already working on an amicus brief on behalf of members of Congress in support of the Commonwealth of Virginia as this case proceeds through the appeals process."

The ACLJ's amicus brief, posted here, argued that "the individual insurance mandate provision . . . exceeds any power granted under the Commerce Clause" - which is exactly what the federal court declared today.

In addition to backing the Virginia lawsuit, the ACLJ also has filed an amicus brief representing more than 60 members of Congress and more than 70,000 Americans supporting a lawsuit filed by the state of Florida. 

Further, the ACLJ filed its own federal lawsuit in Washington, D.C. representing individual directly challenging the constitutionality of the health care law.

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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