Jay Sekulow

Faith & Justice


Jay Sekulow: ObamaCare Mandate – Defending the Indefensible

posted by Jay Sekulow

I call it defending the indefensible. What unfolded inside the Supreme Court on the individual mandate was very clear and direct. Justice Anthony Kennedy, considered to be the swing vote in this issue, expressed serious skepticism about the constitutionality of the mandate – the government requiring citizens to purchase health insurance.

And, his skepticism comes with good reason. The Solicitor General, who had a difficult day articulating his position supporting the mandate, simple did not have a viable defense. There is no ‘limiting principle’ here. In other words, if the government gives the green light to mandate the purchase of health insurance, where does it stop?

As I told Sean Hannity on FOX News, the most important development in the oral arguments about the individual mandate came when Justice Kennedy said the mandate fundamentally changes the relationship of a citizen with the government.

YouTube Preview Image

 

You can never read the tea leaves and predict the outcome of a Supreme Court case based solely on oral arguments. I’ve had the privilege to present oral arguments before the high court 12 times, and participate in 20 cases. What happens during oral argument certainly plays a key role in the final decision, but it’s always risky to predict an outcome based on that dynamic alone.

What I do know is this. Going into the arguments, those who supported the individual mandate thought their position would carry the day with ease. When the arguments were over, it was a different story. With Justice Kennedy voicing serious concerns about the mandate, it’s fair to conclude the mandate may be in big trouble.

The high court now focuses on the severability issue – whether ObamaCare can stand even if the mandate is struck as unconstitutional. Our position is clear – both the mandate and the entire health care law need to go.

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.