{"id":913,"date":"2011-08-16T15:50:20","date_gmt":"2011-08-16T19:50:20","guid":{"rendered":"http:\/\/blog.beliefnet.com\/faithandjustice\/?p=913"},"modified":"2011-08-16T16:10:47","modified_gmt":"2011-08-16T20:10:47","slug":"the-shadow-of-obamacare-stretches-to-the-2012-elections","status":"publish","type":"post","link":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2011\/08\/the-shadow-of-obamacare-stretches-to-the-2012-elections.html","title":{"rendered":"The Shadow of ObamaCare Stretches to the 2012 Elections"},"content":{"rendered":"

\"\"<\/a>It’s really no longer a question of “will” ObamaCare get to the U.S. Supreme Court. Friday’s decision by the U.S. Court of Appeals for the Eleventh Circuit makes it all but a certainty.<\/a><\/p>\n

In a discussion about the most recent appeals court decision\u00a0by the 11th Circuit<\/a> declaring the individual mandate unconstitutional, I told Pat Robertson today on The 700 Club<\/a>\u00a0that this legal road challenging ObamaCare will end at the Supreme Court. With the 11th Circuit decision<\/a>, there is now a conflict in the Circuits, with the 6th Circuit declaring the individual mandate constitutional just six weeks ago. And, a decision by the 4th Circuit could come at any time.<\/p>\n

With conflicting decisions at the appeals court level, it’s clear this issue will be decided by the Justices. I believe this issue is on the fast track, likely to be before the high court next term with a decision in advance of the 2012 elections.<\/p>\n

How the legal arguments and appeals shape up is still to be determined. But the language expressed by the majority in the 11th Circuit decision should become a template for future arguments.<\/p>\n

“This economic mandate represents a wholly novel and potentially unbounded assertion of congressional authority: the ability to compel Americans to purchase an expensive health insurance product they have elected not to buy, and to make them re-purchase that insurance product every month for their entire lives,” the appeals court determined.<\/p>\n

Yes, the appeals court only declared a portion of the health care law unconstitutional –\u00a0 the individual mandate, which forces Americans to purchase health insurance.<\/p>\n

But the decision on why the mandate, the cornerstone of ObamaCare, is unconstitutional is very much the same argument that should be made to strike the entire law. ObamaCare clearly represents an “unbounded assertion of congressional authority.” If Congress can tell Americans what to do about health care, it can tell Americans what to do about anything.<\/p>\n

The individual\u00a0mandate is a big part of the problem. But the fact is the entire law must go. In our view, the two can’t be separated – one can’t exist without the other.<\/p>\n

As you may know, we represented 74 members of Congress and more than 70,000 Americans in the 11th Circuit case, filing an amicus brief backing Florida’s challenge<\/a>. And our preparations continue for oral arguments scheduled for September 23rd in our own legal challenge of ObamaCare. We will present our case before a federal appeals court in Washington, D.C.<\/a><\/p>\n

As I have said before<\/a>, all legal roads regarding ObamaCare end up at the Supreme Court. And it looks like a precedent-setting, blockbuster decision will come just in time for the run-up to the November 2012 elections.<\/p>\n","protected":false},"excerpt":{"rendered":"

It’s really no longer a question of “will” ObamaCare get to the U.S. Supreme Court. Friday’s decision by the U.S. Court of Appeals for the Eleventh Circuit makes it all but a certainty. In a discussion about the most recent appeals court decision\u00a0by the 11th Circuit declaring the individual mandate unconstitutional, I told Pat Robertson…<\/p>\n","protected":false},"author":401,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[288,65,8],"tags":[282,289,113,743,67,70,764,744],"class_list":["post-913","post","type-post","status-publish","format-standard","hentry","category-2012-elections","category-obamacare","category-supreme-court","tag-11th-circuit-court-of-appeals","tag-4th-circuit-court-of-appeals","tag-6th-circuit-court-of-appeals","tag-aclj","tag-commerce-clause","tag-individual-mandate","tag-obamacare","tag-supreme-court"],"yoast_head":"\nThe Shadow of ObamaCare Stretches to the 2012 Elections - Faith & Justice<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2011\/08\/the-shadow-of-obamacare-stretches-to-the-2012-elections.html\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"The Shadow of ObamaCare Stretches to the 2012 Elections - Faith & Justice\" \/>\n<meta property=\"og:description\" content=\"It’s really no longer a question of “will” ObamaCare get to the U.S. Supreme Court. Friday’s decision by the U.S. Court of Appeals for the Eleventh Circuit makes it all but a certainty. 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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\/913","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=913"}],"version-history":[{"count":16,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/913\/revisions"}],"predecessor-version":[{"id":928,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/913\/revisions\/928"}],"wp:attachment":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/media?parent=913"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/categories?post=913"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/tags?post=913"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}