{"id":1758,"date":"2011-12-01T09:22:32","date_gmt":"2011-12-01T14:22:32","guid":{"rendered":"http:\/\/blog.beliefnet.com\/faithandjustice\/?p=1758"},"modified":"2011-12-01T09:22:32","modified_gmt":"2011-12-01T14:22:32","slug":"jay-sekulow-scotus-urged-to-consider-acljs-obamacare-case","status":"publish","type":"post","link":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2011\/12\/jay-sekulow-scotus-urged-to-consider-acljs-obamacare-case.html","title":{"rendered":"Jay Sekulow: SCOTUS Urged to Consider ACLJ’s ObamaCare Case"},"content":{"rendered":"

\"\"<\/a><\/p>\n

As I told you earlier this month<\/a>, we were determining which course of action we would take in appealing our decision by a federal appeals court in Washington, D.C. upholding the constitutionality of a key part of ObamaCare.<\/p>\n

We have decided to appeal the decision by the three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit directly to the Supreme Court of the United States, which already has scheduled to hear several challenges to ObamaCare.<\/p>\n

In its decision earlier this month<\/a>, the federal appeals court failed to reinstate our lawsuit and upheld the constitutionality of the individual mandate, which forces Americans to purchase health insurance under penalty of law.<\/p>\n

As the high court prepares to hear the Florida challenge and others, we have filed a Petition for a Writ of Certiorari<\/a> with the high court urging the Justices to consider our appeal now or hold it until it decides the Florida case.<\/p>\n

The Court could decide to grant what’s known as a “GVR” order – Grant, Vacate, and Remand. Specifically, if the Court doesn’t take our case now, we’re suggesting that the high court hold our petition pending the disposition of the Florida case, and then grant certiorari, vacate the decision below, and remand for further proceedings in light of this Court’s decision in the Florida cases.<\/p>\n

We also argue that the D.C. Circuit’s decision in favor of the individual mandate conflicts with the Supreme Court’s own jurisprudence.<\/p>\n

In our petition filed with the Court, posted here<\/a>, we contend: ” . . . the D.C. Circuit’s decision conflicts with this Court’s acknowledgment, more than two centuries ago, that ‘[t]he powers of the legislature are defined, and limited; and that those limits may not be mistaken, or forgotten, the constitution is written.\u00a0 To what purpose are powers limited, and to what purpose is that limitation committed to writing, if these limits may, at any time, be passed by those intended to be restrained?’\u00a0 Marbury v. Madison<\/em>, 5 U.S. 137, 176 (1803).”<\/p>\n

In addition to pursuing our own legal challenge, we’ve been involved in backing other challenges to ObamaCare. As you may recall, we filed an amicus brief<\/a> representing 105 members of Congress and more than 29,000 Americans urging the high court to take the Florida case, which it did.<\/p>\n

Now, we’re preparing an amicus brief to file with the high court backing Florida’s position that the individual mandate violates the Commerce Clause. Once again, we’ll be representing members of Congress (expected to sign-on more than 100 members) and thousands of concerned Americans opposed to ObamaCare. At this point, more than 100,000 Americans have signed on and more names are being added every day<\/a>.<\/p>\n

The high court will hear oral arguments in the ObamaCare challenges in March<\/a> with a decision expected by the end of the term this summer.\u00a0<\/p>\n

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

As I told you earlier this month, we were determining which course of action we would take in appealing our decision by a federal appeals court in Washington, D.C. upholding the constitutionality of a key part of ObamaCare. We have decided to appeal the decision by the three-judge panel of the U.S. Court of Appeals…<\/p>\n","protected":false},"author":401,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[65,8,66],"tags":[743,67,492,70,791,764,744],"class_list":["post-1758","post","type-post","status-publish","format-standard","hentry","category-obamacare","category-supreme-court","category-u-s-constitution","tag-aclj","tag-commerce-clause","tag-constitutional-challenge","tag-individual-mandate","tag-jay-sekulow","tag-obamacare","tag-supreme-court"],"yoast_head":"\nJay Sekulow: SCOTUS Urged to Consider ACLJ's ObamaCare Case - Faith & Justice<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2011\/12\/jay-sekulow-scotus-urged-to-consider-acljs-obamacare-case.html\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Jay Sekulow: SCOTUS Urged to Consider ACLJ's ObamaCare Case - Faith & Justice\" \/>\n<meta property=\"og:description\" content=\"As I told you earlier this month, we were determining which course of action we would take in appealing our decision by a federal appeals court in Washington, D.C. upholding the constitutionality of a key part of ObamaCare. 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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\/1758","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=1758"}],"version-history":[{"count":12,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/1758\/revisions"}],"predecessor-version":[{"id":1770,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/1758\/revisions\/1770"}],"wp:attachment":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/media?parent=1758"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/categories?post=1758"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/tags?post=1758"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}