“In a haste to ram through their healthcare agenda, Congress and the President overstepped their Constitutional authority.  Never before has Congress required Americans to purchase a private good or service or else suffer a financial penalty.  Democrats have trampled on the checks and balances to unlimited federal power that our founders knew was central to personal freedom.”

American Center for Law & Justice

For months, as we fought against the prospect of government-run health care, we promised that we would litigate aggressively should the legislation become law.  Unfortunately, that reality is now upon us, and we are moving forward on multiple litigation fronts.

We have filed our own lawsuit in federal court challenging the constitutionality of the health care law.  And, we are representing members of Congress in supporting lawsuits challenging the law – lawsuits filed by the Commonwealth of Virginia and the State of Florida.

First, we’ve filed suit in federal court in Washington, D.C. on behalf of five individuals directly challenging the constitutionality of the healthcare law.  You can read more about our suit here.

At the same time, we’ve also mobilized with Members of Congress to assist the various States that are challenging the law.  First, in the Commonwealth of Virginia, where there is a state law exempting Virginians from the individual mandate in the healthcare law, we’ve filed an amicus brief on behalf of 28 Members of Congress.  Our brief directly states how the mandate violates the Commerce Clause and why it should be declared unconstitutional.  At issue: the mandate forcing Americans to purchase health insurance.  It’s an unprecedented move – one that represents an unconstitutional power-grab by the federal government.

Dr. Paul Broun (R-GA), our lead Congressional partner in this effort, said it right when he stated: “In a haste to ram through their healthcare agenda, Congress and the President overstepped their Constitutional authority.  Never before has Congress required Americans to purchase a private good or service or else suffer a financial penalty.  Democrats have trampled on the checks and balances to unlimited federal power that our founders knew was central to personal freedom.”

We were also pleased to be joined by Republican Leader John Boehner (OH), Republican Whip Eric Cantor (VA) and Republican Conference Chairman Mike Pence (IN).  In addition to Whip Cantor, Virginia was also represented on the brief by Congressman Bob Goodlatte.

Also joining the brief were Todd Akin (MO),  Rob Bishop (UT), Michael Burgess (TX), Dan Burton (IN), Mike Conaway (TX), Mary Fallin (OK), John Fleming (LA), Virginia Foxx, (NC), Trent Franks (AZ), Scott Garrett (NJ), Louie Gohmert (TX), Jeb Hensarling (TX), Walter Jones (NC), Steve King (IA), Doug Lamborn (CO), Robert Latta (OH), Michael McCaul (TX), Cathy McMorris Rodgers (WA), Jerry Moran (KS), Jean Schmidt (OH), Lamar Smith (TX), Todd Tiahrt (KS) and Zach Wamp (TN).

We believe it is clear that this law violates the Constitution.  This sentiment is echoed by the Members of Congress who signed on to our amicus brief – including Representative Tiahrt who said: “The president’s healthcare law is about control and more government intrusion into our daily lives.  This goes against the principles America was founded on.”

In addition to the amicus brief already filed in the Virginia case, we are preparing to again join with Members of Congress in filing an amicus brief in support of a separate legal challenge by the State of Florida.  This suit will be brought on behalf of numerous states and will be very similar to the Virginia case, with the exception that this case does not involve a state exemption law.  Our brief in this case will be filed later this summer.

The legal challenges by Virginia and Florida represent a critical aspect of the larger fight to preserve the constitutional limits on our federal government.  And, we’re thankful to the more than 70,000 Americans who have signed on to our Constitutional Committee to Challenge the President & Congress on Health Care.  That committee is also represented by the ACLJ in its amicus brief in the Virginia case and will be part of our representation in the Florida filing as well.

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