{"id":2614,"date":"2012-03-28T11:40:43","date_gmt":"2012-03-28T15:40:43","guid":{"rendered":"http:\/\/blog.beliefnet.com\/faithandjustice\/?p=2614"},"modified":"2012-03-28T11:40:43","modified_gmt":"2012-03-28T15:40:43","slug":"jay-sekulow-obamacare-mandate-defending-the-indefensible","status":"publish","type":"post","link":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2012\/03\/jay-sekulow-obamacare-mandate-defending-the-indefensible.html","title":{"rendered":"Jay Sekulow: ObamaCare Mandate – Defending the Indefensible"},"content":{"rendered":"

\"\"<\/a>I call it defending the indefensible. What unfolded inside the Supreme Court on the individual mandate was very clear and direct. Justice Anthony Kennedy<\/a>, considered to be the swing vote in this issue, expressed serious skepticism about the constitutionality of the mandate – the government requiring citizens to purchase health insurance.<\/p>\n

And, his skepticism comes with good reason. The Solicitor General, who had a difficult day articulating his position supporting the mandate, simple did not have a viable defense. There is no ‘limiting principle’ here. In other words, if the government gives the green light to mandate the purchase of health insurance, where does it stop?<\/p>\n

As I told Sean Hannity on FOX News, the most important development in the oral arguments about the individual mandate came when Justice Kennedy said the mandate fundamentally changes the relationship of a citizen with the government.<\/p>\nhttp:\/\/www.youtube.com\/watch?v=uvWAD2cX8rs<\/a>\n

 <\/p>\n

You can never read the tea leaves and predict the outcome of a Supreme Court case based solely on oral arguments. I’ve had the privilege to present oral arguments before the high court 12 times, and participate in 20 cases. What happens during oral argument certainly plays a key role in the final decision, but it’s always risky to predict an outcome based on that dynamic alone.<\/p>\n

What I do know is this. Going into the arguments, those who supported the individual mandate thought their position would carry the day with ease. When the arguments were over, it was a different story. With Justice Kennedy voicing serious concerns about the mandate, it’s fair to conclude the mandate may be in big trouble.<\/p>\n

The high court now focuses on the severability issue – whether ObamaCare can stand even if the mandate is struck as unconstitutional. Our position is clear – both the mandate and the entire health care law need to go.<\/p>\n

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

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

I call it defending the indefensible. What unfolded inside the Supreme Court on the individual mandate was very clear and direct. Justice Anthony Kennedy, considered to be the swing vote in this issue, expressed serious skepticism about the constitutionality of the mandate – the government requiring citizens to purchase health insurance. 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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\/2614","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=2614"}],"version-history":[{"count":8,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/2614\/revisions"}],"predecessor-version":[{"id":2622,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/2614\/revisions\/2622"}],"wp:attachment":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/media?parent=2614"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/categories?post=2614"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/tags?post=2614"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}