{"id":1981,"date":"2012-01-06T14:29:34","date_gmt":"2012-01-06T19:29:34","guid":{"rendered":"http:\/\/blog.beliefnet.com\/faithandjustice\/?p=1981"},"modified":"2012-01-06T14:29:34","modified_gmt":"2012-01-06T19:29:34","slug":"jay-sekulow-massive-opposition-from-congress-americans-to-obamacare","status":"publish","type":"post","link":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2012\/01\/jay-sekulow-massive-opposition-from-congress-americans-to-obamacare.html","title":{"rendered":"Jay Sekulow: Massive Opposition from Congress & Americans to ObamaCare"},"content":{"rendered":"

\"\"<\/a>We have filed a critical amicus brief<\/a>\u00a0at the Supreme Court – representing more than 100 members of Congress and more than 100,000 Americans – all urging the high court to reject ObamaCare.<\/p>\n

In an extraordinary showing of opposition to the flawed health care law, 117 members of Congress (nearly 30% of the total House membership) signed on to the brief led by Dr. Paul Broun (R-GA). House Majority Leader Eric Cantor also has signed on. In addition, we’re representing more than 103,000 supporters of the ACLJ. The amicus brief is posted here<\/a>, where you can review the entire list of the 117 members of the House who have signed on.<\/p>\n

This brief, which already is generating media attention<\/a>,\u00a0urges the high court to conclude that a key provision of ObamaCare – the individual mandate – cannot be severed from the health care law and urged the high court to declare the entire law unconstitutional.<\/p>\n

It is clear that ObamaCare was never designed to and cannot operate without the individual mandate, a key unconstitutional provision that forces Americans to purchase health insurance under penalty of law. The fact is the unconstitutional individual mandate is the essential element of the health care law, and the balance of ObamaCare cannot function independently without it. You can’t have one without the other.<\/p>\n

In our friend-of-the-court brief<\/a> filed today, we argue the Court of Appeals for the Eleventh Circuit was correct in declaring the individual mandate unconstitutional, but erred when it failed to declare the entire Affordable Care Act (ACA) invalid, since the two cannot be separated.<\/p>\n

\"\"<\/a>The brief argues: “The unconstitutional individual mandate is the essential component of the ACA\u2019s reforms to the health insurance and health care markets, as the Federal Government has conceded. Congress would not have passed the ACA absent the individual mandate. Without the individual mandate, the ACA\u2019s remaining provisions cannot function properly. Thus, the unconstitutional individual mandate is not severable from the ACA, and the entire Act must be invalidated.”<\/p>\n

As you already know, we are deeply involved in challenging ObamaCare and in our own federal lawsuit, we have appealed<\/a>\u00a0a decision by a federal appeals court to the Supreme Court, asking the high court to consider the appeal separately or hold it until the health care cases now before it are decided.<\/p>\n

In addition to the amicus brief we filed today, we’re preparing to file amicus briefs next month with the high court focusing on several other issues tied to ObamaCare. We will argue that the Anti-Injunction Act, which prohibits a lawsuit from stopping a tax before it has been imposed, does not apply to ObamaCare. And, in a separate brief, we will address why the individual mandate is unconstitutional. The high court will hear oral arguments on the challenges to ObamaCare during a three-day period in March.<\/p>\n

This filing comes as a growing number of Americans understand that ObamaCare is not what the nation needs or deserves.\u00a0 A majority of Americans<\/a>\u00a0consistently continues to reject this troubling health care law and nearly 70% say the federal government lacks the authority<\/a> to mandate the purchase of health insurance.<\/p>\n

Jay Sekulow<\/a><\/p>\n

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

We have filed a critical amicus brief\u00a0at the Supreme Court – representing more than 100 members of Congress and more than 100,000 Americans – all urging the high court to reject 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\/1981","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=1981"}],"version-history":[{"count":9,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/1981\/revisions"}],"predecessor-version":[{"id":1990,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/1981\/revisions\/1990"}],"wp:attachment":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/media?parent=1981"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/categories?post=1981"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/tags?post=1981"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}