Jay Sekulow

Faith & Justice


Jay Sekulow: Update on Legal Challenges to ObamaCare

posted by Jay Sekulow

With a majority of Americans continuing to reject ObamaCare – the government-run, pro-abortion health care law – there’s now a new poll that underscores what most Americans want:  70% of Americans favor individual choice over government standards for health insurance. 

This comes at a time when the legal challenges to ObamaCare are intensifying with the latest petition filed this week asking the Supreme Court to take a case challenging the flawed health care law.

That development comes just days after the Commonwealth of Virginia filed filed its Petition for Writ of Certiorari  with the Supreme Court asking it to take its case and overturn the Fourth Circuit Court of Appeals decision that the Commonwealth lacked standing to sue against ObamaCare.

Virginia’s petition asserts, as we have argued in our own suit challenging the law, that the individual mandate of ObamaCare – forcing individuals to buy a particular service against their will – is unconstitutional.

The mandate and penalty are also not supported by the text of the Commerce Clause, which presupposes an activity to regulate. The historical context in which the Commerce Clause was drafted makes it highly unlikely that it included a power to command a citizen to purchase goods or services from another. Certainly there is no tradition or history of the Commerce Clause being used in this way.

As you know, the ACLJ has supported Virginia’s challenge to this unconstitutional violation of our personal liberties from the beginning. We filed an amicus brief representing 49 Members of Congress – including House Speaker John Boehner and House Majority Leader Eric Cantor – and over 70,000 Americans from across the country.

As Virginia’s petition points out, the number of cases heading to the Supreme Court challenging ObamaCare and the split in the federal circuits, “maximize[s] the likelihood of [the Supreme Court] reaching the merits” and quickly deciding this important constitutional case.

At the same time, we are backing Florida’s challenge to ObamaCare. As you may recall, the Obama Administration has asked the U.S. Supreme Court to take the case out of Florida (involving 26 states challenging ObamaCare) and review the decision of a federal appeals court striking the individual mandate of ObamaCare.

We will continue to support these efforts out of Virginia and Florida  to overturn this pro-abortion law as we await a decision from a D.C. federal appeals court in our own lawsuit challenging ObamaCare, which we expect to end up at the Supreme Court as well.

Ultimately, the Supreme Court will decide ObamaCare, and I am confident that it will find this law – and its overarching restriction on liberty – unconstitutional.

We will continue to keep you updated as these critical cases progress. You can get the latest information on this and other critical issues by visiting the Jay Sekulow page at our website.

Jay Sekulow



Previous Posts

Jay Sekulow: Will the State Department finally speak out for Pastor Saeed Abedini?
Last Friday’s standing-room only hearing before the Tom Lantos Human Rights Commission was among the most dramatic I’ve witnessed.  There was outrage – outrage not just from me as I declared the State Department “AWOL” in our quest to free an American Pastor, Saeed Abedini -- a U.S. citiz

posted 11:50:49am Mar. 19, 2013 | read full post »

Jay Sekulow: Help Us Tell the Story of American Pastor Saeed, Imprisoned in Iran
One of the most important things we can do is keep the story of Pastor Saeed Abedini in the spotlight. This U.S. citizen is facing eight years in a deadly Iranian prison, convicted for his Christian faith. We know that the situation he faces gets worse day by day. He remains cut-off from speaking

posted 3:30:16pm Feb. 06, 2013 | read full post »

Jay Sekulow: American Pastor Saeed Barred From His Trial in Iran
It's unlike any judicial system in the world. On Monday, American Pastor Saeed Abedini went to court in Iran with his attorney to address charges of attempting to undermine the Iranian government. The real problem: he converted from Islam to Christianity 13 years ago and started working with house-c

posted 11:13:19am Jan. 24, 2013 | read full post »

Jay Sekulow: American Pastor to Face Trial in Iranian Prison
An American Pastor is being held in Iran’s most notorious prison – Pastor Saeed, a U.S. citizen, has been told that he “will hang” because of his Christian faith. And, now the Iranian government has put this case on the fast track – and scheduled a trial that’s just days away. After s

posted 3:11:54pm Jan. 15, 2013 | read full post »

Jay Sekulow: HHS Fines for Challenging Mandate? Not So Fast
We are on the front lines when it comes to challenging the HHS mandate which requires employers to provide health insurance for employees that include paying for abortion-producing drugs - or face still penalties including significant fines. To date, we have secured injunctions – putting the ma

posted 11:47:06am Jan. 09, 2013 | read full post »




Report as Inappropriate

You are reporting this content because it violates the Terms of Service.

All reported content is logged for investigation.