{"id":1236,"date":"2011-09-23T14:51:23","date_gmt":"2011-09-23T18:51:23","guid":{"rendered":"http:\/\/blog.beliefnet.com\/faithandjustice\/?p=1236"},"modified":"2011-09-23T14:51:23","modified_gmt":"2011-09-23T18:51:23","slug":"jay-sekulow-appeals-court-should-declare-obamacare-unconstitutional","status":"publish","type":"post","link":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2011\/09\/jay-sekulow-appeals-court-should-declare-obamacare-unconstitutional.html","title":{"rendered":"Jay Sekulow: Appeals Court Should Declare ObamaCare Unconstitutional"},"content":{"rendered":"

\"\"<\/a>It’s an argument we have made before. This time to a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit.<\/a> We argued that the individual mandate, which forces Americans to purchase health insurance, violates the Commerce Clause of the Constitution.<\/p>\n

We asked the appeals court to reinstate our lawsuit<\/a> and declare the individual mandate unconstitutional.<\/p>\n

Our legal team did a superb job with this appeal. Senior Counsel Edward White presented oral arguments before the panel and contended that the individual mandate exceeds the constitutional authority granted to Congress and violates the Commerce Clause.<\/p>\n

During the hearing today, there was aggressive questioning from the panel, which raised several areas of concern about the constitutionality of the individual mandate – questions about the powers of Congress. If the Commerce Clause gives Congress the authority to mandate the purchase of health insurance, the appeals court asked the government, where does Congressional authority end?<\/p>\n

As Judge Brett Kavanaugh put it<\/a>: “In 220 years there has been a whole lot of laws and a lot of crises, yet Congress has never once mandated a purchase.”<\/p>\n

Our argument in court was very clear: both the Constitution and Supreme Court precedent point to the fact that the health care law oversteps the authority of Congress.<\/p>\n

As you’ll recall, we have been involved in this issue from the very start. In fact, months before today’s hearing, we presented our argument about the individual mandate in a brief filed with the appeals court<\/a>:<\/p>\n

“The individual mandate is unconstitutional because it exceeds even the outermost bounds of Congress\u2019s Article I authority and is inconsistent with the constitutional system of dual sovereignty that divides power between the federal and State governments,” the brief contends. “Under the Commerce Clause, Congress cannot ‘regulate’ inactivity by requiring individuals to buy a good or service as a condition of their lawful residence in the United States. . . .”<\/p>\n

Today’s hearing represented a critical opportunity in our legal challenge of this flawed, pro-abortion, government-run health care law.<\/p>\n

We were encouraged that the judges engaged the very issues we raised about the constitutional problems with ObamaCare. And, we\u2019re hopeful that the appeals court will act on behalf of our clients and millions of Americans who understand that ObamaCare is not only a bad health care law, but one that is unconstitutional as well.<\/p>\n

When the appeals court issues its decision, we will let you know.<\/p>\n

As always, get the latest ACLJ news and information by visiting the Jay Sekulow<\/a> page on our website<\/a>.<\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

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He is also Chief Counsel of the European Centre for Law and Justice (ECLJ). Jay Sekulow is one of the leading defenders of constitutional rights and religious liberties in the United States. Over the past 25 years, Jay Sekulow has amassed an unparalleled record of accomplishment, arguing before the U.S. Supreme Court on 12 occasions. His aggressive litigation strategy before the Supreme Court has led to many landmark First Amendment victories. In his first case before the Supreme Court, Jews for Jesus, Jay Sekulow secured the right of religious groups to pass out tracks in airports. In Mergens, Jay Sekulow successfully protected the right of students to form Bible clubs and prayer groups on public school campuses. In Lamb\u2019s Chapel, Jay Sekulow cleared the way for churches to have equal access to public facilities in the same way that other groups are permitted to utilize those facilities. In the Bray and Operation Rescue cases, Jay Sekulow protected the free speech rights of pro-life advocates to be free from criminal prosecution for conveying their pro-life message. In McConnell v. FEC, Jay Sekulow protected the right of young people to engage in the political process by donating to the campaign of their choice. In Pleasant Grove, Jay Sekulow paved the way for governments to be able to display Ten Commandments monuments, and other monuments of their choosing, in public parks. Through the ACLJ, Jay Sekulow engages the political, legal, and cultural battles facing America today. He routinely works with Members of Congress, advising them on proposed legislation and representing them in critical legal matters. Jay Sekulow has also testified before Congress on the constitutionality of proposed legislation. Also, in addition to being a successful Supreme Court advocate, Jay Sekulow is a highly respected broadcaster. Jay Sekulow is the host of Jay Sekulow Live! which airs each weekday on over 850 radio stations nationwide, in addition Sirius and XM satellite radio. He brings insight and education to listeners daily through this national call-in radio program. He is also the host of the ACLJ This Week, the ACLJ\u2019s weekly television program. Jay Sekulow regularly appears on major media outlets, including FOX News, CNN, ABC, CBS, and NBC, where he is sought out for his vast experience in constitutional law and his unique insight into many of the pressing legal and political issues facing America today. He is frequently quoted in the nation's leading newspapers and often contributes opinion editorials to national publications. Jay Sekulow has also published numerous law review and other scholarly articles. Jay Sekulow has received numerous honors for his groundbreaking legal work in the area of free speech and religious liberties. The Legal Times has named Sekulow one of \u201cThe 90 Greatest Washington Lawyers of the Last 30 Years\u201d and the National Law Journal has twice named Sekulow one of the \u201c100 Most Influential Lawyers\u201d in the United States. In addition, TIME Magazine listed Jay Sekulow as one of the \"25 Most Influential Evangelicals\" in America. Jay Sekulow\u2019s legal work in defense of religious liberties and human rights extends beyond the United States, having founded the ECLJ in Strasbourg, France, which maintains consultative status with the United Nations. He has also opened offices in Pakistan, Africa, and Jerusalem, Israel. Jay Sekulow is a staunch defender of Israel, presenting arguments before the International Criminal Court at the Hague. His efforts in support of Israel\u2019s right to defend itself from terrorist attacks have been commended by Israeli government officials, one official stating, \"Jay was instrumentally-involved in projects that the President of Israel and the Prime Minister put on our national agenda.\" Jay Sekulow also has a passion for educating the next generation of religious liberty advocates. He is a member of the Regent University Law School Faculty as a Distinguished Professor of Law and routinely teaches courses on constitutional law and presents guest lectures. Jay Sekulow has also started educational programs in international human rights law in Strasbourg, France and at Handong University in South Korea. Jay Sekulow is a graduate of Mercer University, earning both a bachelor\u2019s degree and doctor of jurisprudence. Sekulow served on the editorial staff of the Mercer Law Review and graduated cum laude. He later earned a Ph.D. from Regent University, writing his dissertation on American Legal History. Jay Sekulow also serves on the Board of Trustees for The Supreme Court Historical Society in Washington, D.C. Jay Sekulow, ACLJ Chief Counsels full biography and video. Jay Sekulow on Facebook. Jay Sekulow on Twitter. Jay Sekulow on YouTube.","url":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/author\/jay_sekulow"}]}},"_links":{"self":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/1236","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/users\/401"}],"replies":[{"embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/comments?post=1236"}],"version-history":[{"count":5,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/1236\/revisions"}],"predecessor-version":[{"id":1241,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/1236\/revisions\/1241"}],"wp:attachment":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/media?parent=1236"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/categories?post=1236"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/tags?post=1236"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}