Faith & Justice

It’s a decision that is disappointing. A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit rejected our appeal in an ObamaCare challenge – an appeal which argued that the individual mandate, which forces Americans to purchase health insurance, violates the Commerce Clause of the U.S. Constitution.

In rejecting our appeal, the appeals court failed to reinstate our federal lawsuit.

We presented oral arguments before the panel in September and urged the appeals court to declare the individual mandate unconstitutional.

Today’s decision reinforces the fact that the courts are split about this flawed health care law. As we determine our next course of action – whether to ask the full appeals court to hear the case – or directly ask the Supreme Court to take the case – we still remain confident that ObamaCare and the individual mandate, which forces Americans to purchase health insurance, is the wrong prescription for America and ultimately will be struck down as unconstitutional by the U.S. Supreme Court.

As you may recall, the Supreme Court is scheduled to consider the issue of ObamaCare at a conference later this week and could decide within days if and when the high court will tackle the constitutionality of the health care law.

In addition to our lawsuit, we have backed legal challenges by Florida and Virginia. In fact, last month, we filed an amicus brief with the Supreme Court urging the Justices to take up the Florida case challenging ObamaCare. In that brief, we represent 105 members of Congress – including House Majority Leader Eric Cantor. We also represent more than 29,000 Americans who have signed on to our committee opposing ObamaCare. In our amicus brief, we urge the high court to hear the case and declare the entire health care law unconstitutional. 

As we determine what our next course of action will be regarding an appeal in our case, we will be watching the Supreme Court closely in the days ahead.

Jay Sekulow


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