{"id":2602,"date":"2012-03-27T15:34:33","date_gmt":"2012-03-27T19:34:33","guid":{"rendered":"http:\/\/blog.beliefnet.com\/faithandjustice\/?p=2602"},"modified":"2012-03-28T09:43:47","modified_gmt":"2012-03-28T13:43:47","slug":"jay-sekulow-skepticism-from-justice-kennedy-on-obamacare-mandate","status":"publish","type":"post","link":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2012\/03\/jay-sekulow-skepticism-from-justice-kennedy-on-obamacare-mandate.html","title":{"rendered":"Jay Sekulow: Skepticism from Justice Kennedy on ObamaCare Mandate"},"content":{"rendered":"

\"\"<\/a>It was high drama inside the Supreme Court today. The individual mandate – the key element of ObamaCare – was at the center of the debate. The issue: Does the individual mandate, which requires Americans to purchase health insurance, violate the Commerce Clause of the Constitution? If the government can force you to buy health insurance, where does it stop?<\/p>\n

What was very encouraging today is that Justice Anthony Kennedy<\/a>, considered to be the swing vote in this issue, expressed deep skepticism\u00a0about the constitutionality of the mandate. In fact, he called such an idea “unprecedented” and told the Solicitor General that the government needed to answer a “very heavy burden of justification” to show how the Constitution authorizes Congress to require that people buy insurance.<\/p>\n

As I told Megyn Kelly on FOX News today, the concerns raised by Justice Kennedy, are very telling.<\/p>\nhttp:\/\/www.youtube.com\/watch?v=aqZ1Jr8fWSA<\/a>\n

 <\/p>\n

As you know, I have repeatedly said it’s difficult to judge the outcome of a Supreme Court case based on oral arguments. What did become clear today is that with an increasing level of skepticism about the individual mandate – and now from Justice Kennedy – this could spell real trouble for the survival of ObamaCare.<\/p>\n

In our amicus brief filed at the high court<\/a>,\u00a0we represent 119 members of Congress and nearly 145,000 Americans urging the Justices to reject the individual mandate.<\/p>\n

You can listen to the oral arguments and read a transcript of the arguments from today’s session here<\/a>.<\/p>\n

Tomorrow: the focus is on severability. If the mandate is declared unconstitutional, does the whole health care law go? We think the answer has to be yes. We’ll have details and analysis of Day Three on our daily radio broadcast<\/a>.<\/p>\n

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

 <\/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\/2602","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=2602"}],"version-history":[{"count":11,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/2602\/revisions"}],"predecessor-version":[{"id":2613,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/2602\/revisions\/2613"}],"wp:attachment":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/media?parent=2602"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/categories?post=2602"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/tags?post=2602"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}