{"id":2020,"date":"2012-01-12T11:20:55","date_gmt":"2012-01-12T16:20:55","guid":{"rendered":"http:\/\/blog.beliefnet.com\/faithandjustice\/?p=2020"},"modified":"2012-01-11T17:22:19","modified_gmt":"2012-01-11T22:22:19","slug":"jay-sekulow-religious-objectors-want-to-challenge-obamacare","status":"publish","type":"post","link":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2012\/01\/jay-sekulow-religious-objectors-want-to-challenge-obamacare.html","title":{"rendered":"Jay Sekulow: Religious Objectors Want to Challenge ObamaCare"},"content":{"rendered":"

\"\"<\/a>The appeal of our federal lawsuit targeting ObamaCare took another step forward\u00a0as we filed our reply brief with the Supreme Court, once again, urging the high court to take our case.<\/p>\n

As you’ll recall, last month<\/a> we formally asked the high court to take our case. Now we have\u00a0filed what’s called a reply brief – a response to the government’s argument on why the high court should not take our case.<\/p>\n

In our reply brief, posted here<\/a>, we argue that our lawsuit is separate and distinct from other challenges pending before the high court because it includes a claim that the individual mandate, which forces Americans to purchase health insurance or pay annual penalties, violates the rights of two of its clients who oppose health insurance on religious grounds.<\/p>\n

The case we are making in our appeal to the high court is that we represent clients who not only believe ObamaCare is a flawed law, but argue that being forced to participate in ObamaCare – under penalty of law – violates their religious beliefs under the federal Religious Freedom Restoration Act (RFRA).<\/p>\n

Our request is clear: The Justices should accept our appeal now in tandem with the Florida case currently before the high court.\u00a0 Along with challenging the constitutionality of the individual mandate, our case includes a unique RFRA claim and provides the Court with an additional vehicle by which to consider the impact the individual mandate has on those Americans who, like the ACLJ\u2019s clients, object to taking part in the health insurance system for religious reasons.<\/p>\n

While we argue that our case should be considered separately, we acknowledge that the Court may decide to hold its appeal pending the outcome of the Florida case, then grant certiorari, vacate the decision below, and remand for further proceedings in light of the high court’s decision in the Florida case.<\/p>\n

As you know, we filed a critical amicus brief<\/a>\u00a0last week in the Florida appeal before the high court, representing 117 members of Congress and more than 100,000 Americans – urging the Justices to determine that the individual mandate is inextricably linked to the health care law itself, and that by declaring the individual mandate unconstitutional, the entire law must be rejected as well.<\/p>\n

We are now preparing two additional amicus briefs to be filed with the high court next month regarding two other issues that will be considered by the Justices. We will specifically make a constitutional argument against the individual mandate and present arguments on why the Anti-Injunction Act, which prohibits lawsuits that prevent the assessment or collection of taxes, does not apply to ObamaCare.<\/p>\n

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

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

The appeal of our federal lawsuit targeting ObamaCare took another step forward\u00a0as we filed our reply brief with the Supreme Court, once again, urging the high court to take our case. As you’ll recall, last month we formally asked the high court to take our case. 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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\/2020","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=2020"}],"version-history":[{"count":10,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/2020\/revisions"}],"predecessor-version":[{"id":2030,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/2020\/revisions\/2030"}],"wp:attachment":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/media?parent=2020"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/categories?post=2020"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/tags?post=2020"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}