{"id":2262,"date":"2012-02-13T11:57:54","date_gmt":"2012-02-13T16:57:54","guid":{"rendered":"http:\/\/blog.beliefnet.com\/faithandjustice\/?p=2262"},"modified":"2012-02-13T11:57:54","modified_gmt":"2012-02-13T16:57:54","slug":"jay-sekulow-third-brief-filed-challenging-obamacare","status":"publish","type":"post","link":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2012\/02\/jay-sekulow-third-brief-filed-challenging-obamacare.html","title":{"rendered":"Jay Sekulow: Third Brief Filed Challenging ObamaCare"},"content":{"rendered":"

\"\"<\/a>We’re back at the U.S. Supreme Court filing our third amicus brief challenging the constitutionally-flawed ObamaCare.<\/p>\n

In our amicus brief<\/a> filed today, we urge the high court to declare that the Anti-Injunction Act (AIA) does not apply to the health care law. We contend that the AIA, which prohibits courts from preventing the federal government from assessing or collecting a tax that it claims is due, is not applicable to the Affordable Care Act.<\/p>\n

Our position is clear: The AIA does not apply to the health care law. The AIA applies to truly revenue-raising tax statutes, which the individual mandate and its penalty are not. We urge the high court to conclude that the AIA does not apply to ObamaCare and request the Justices find the entire health care law – including the individual mandate – unconstitutional.<\/p>\n

In its amicus brief<\/a> filed today on the AIA issue, we argue:<\/p>\n

“The Anti-Injunction Act (“AIA”) applies to truly revenue-raising tax statutes. The individual mandate and its penalty are not truly revenue-raising tax provisions. The purchase of health insurance, as required by the individual mandate, does not provide revenue to the Federal Government, as the insurance is not purchased directly from the Federal Government.”<\/p>\n

“The penalty provision also is not a tax, but, instead, is a regulatory penalty designed to compel American citizens to purchase health insurance from private companies. Because the individual mandate and penalty are not taxes, the AIA does not bar this Court from reaching the merits of Respondents’ claims.”<\/p>\n

Just last week, we filed an amicus brief<\/a> on behalf of 119 members of Congress and nearly 145,000 Americans urging the high court to uphold a federal appeals court decision declaring the individual mandate unconstitutional. And, in January, we \u00a0urged the high court, in an amicus brief<\/a> representing 117 members of the House and more than 103,000 Americans, to declare that the individual mandate cannot be severed from the health care law itself, and that the entire law should be declared unconstitutional.<\/p>\n

At the same time, we’re\u00a0 pursuing our own legal challenge against ObamaCare and we have appealed<\/a> a 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

While the AIA is not getting much attention or news coverage, this issue is very important. The AIA should not be overlooked because, if the AIA applies, the Supreme Court would be barred from ruling on the constitutionality of the individual mandate and its severability for several years.<\/p>\n

That’s exactly why we are asking the Justices to conclude that the AIA is not applicable to ObamaCare.<\/p>\n

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

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

We’re back at the U.S. Supreme Court filing our third amicus brief challenging the constitutionally-flawed ObamaCare. In our amicus brief filed today, we urge the high court to declare that the Anti-Injunction Act (AIA) does not apply to the health care law. 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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\/2262","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=2262"}],"version-history":[{"count":4,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/2262\/revisions"}],"predecessor-version":[{"id":2266,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/2262\/revisions\/2266"}],"wp:attachment":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/media?parent=2262"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/categories?post=2262"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/tags?post=2262"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}