FRC, 27 Members of Congress File Amici Brief on Severability to U.S. Supreme Court Regarding Obamacare

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Jan 09, 2012, 11:00 ET

WASHINGTON, Jan. 9, 2012 /PRNewswire-USNewswire/ -- Family Research Council (FRC) have filed a brief as amicus curiae with the U.S. Supreme Court in National Federation of Independent Business v. Kathleen Sebelius and Florida v. Department of Health and Human Services. This is the case challenging the constitutionality of the 2010 Patient Protection and Affordable Care Act, commonly known as Obamacare. FRC's amicus brief was cited in the Supreme Court brief filed for the National Federation of Independent Business, an unusual move calling the Justices' attention to FRC's brief and making it very likely that the Court will carefully read and consider the argument it presents.

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The brief was coauthored by FRC legal counsel Ken Klukowski and Professor Nelson Lund of George Mason University School of Law. The amicus brief was joined by 27 Members of Congress, including House Judiciary Committee Chairman Lamar Smith (TX-21).

FRC's earlier brief was instrumental in Florida U.S. District Judge Roger Vinson's decision to strike down the entire Obamacare law as unconstitutional.

Of the brief Klukowski said:

"After almost two years of impassioned debate, Obamacare will finally have its day before the Supreme Court.

"The 'individual mandate' in Obamacare that requires all Americans to have health insurance is unconstitutional. And for the reasons we explain in this brief, 135 years of Supreme Court precedent show that this is one of those rare instances where striking down the individual-mandate provision requires the Court to strike down this entire 2,700-page law.

"We have high hopes that the Supreme Court will recognize that the individual mandate is unconstitutional, and will act to safeguard the freedoms of all Americans by holding the individual mandate 'nonseverable,' and strike down every part of Obamacare."

Listed among the 27 Members joining this brief as amici curiae are House Judiciary Chairman Rep. Lamar Smith (R-Texas), House Judiciary Subcomittee Chairman on the Constitution Rep. Trent Franks (R-Ariz.) as well as House Judiciary Members Rep. Louis Gohmert (R-Texas), Rep. Jim Jordan (R-Ohio), Rep. Steve King (R-Iowa) and Rep. Mike Pence (R-Ind.).