WESTERN LEGAL GROUP CELEBRATES SUPREME COURT DECISION
November 14, 2011 - For Immediate Release
DENVER, CO. A western, nonprofit, public-interest legal foundation with decades of experience addressing constitutional issues at the Supreme Court of the United States and the federal courts of appeals today praised the decision by the Supreme Court to review a ruling by the U.S. Court of Appeals for the Eleventh Circuit upholding the holding by a Florida federal district court that the individual mandate in the “Patient Protection and Affordable Care Act,” or ObamaCare, is unconstitutional. Mountain States Legal Foundation (MSLF), which has argued in its amicus curiae briefs filed in various federal district courts and courts of appeals—on behalf of its members across the country—that the individual mandate set forth in the statute, which requires that all Americans purchase health care insurance or pay a fine, is unconstitutional, had urged the Supreme Court to grant certiorari. The Florida court also ruled that, because the federal statute contains no severability clause, the presence of an unconstitutional provision requires that the entire law be declared void.
“This is a day all who love freedom have awaited since the passage of ObamaCare, the day the Supreme Court agrees to decide its fate based on the U.S. Constitution,” said William Perry Pendley, MSLF president.
Since ObamaCare became law in March 2010, several lawsuits have been filed to challenge its constitutionality; most notable among them are the lawsuit filed by twenty seven States, as well as other plaintiffs, led by Florida, and the lawsuit filed by Virginia. All challenge the individual mandate, as well as other provisions, as conflicting with the Constitution.
During the national debate regarding ObamaCare, Speaker Pelosi said memorably, regarding the 1,000 pages of legislation that nearly no one had read, “[W]e have to pass the bill so that you can find out what is in it . . . .” Over the last six months, a bill that the American people thought was bad (54% opposed its passage) has become the law that is worse than they had imagined (67% of “mainstream voters” today demand that it be repealed).
Prior to its enactment, the Congressional Budget Office (CBO) claimed that the statute would be revenue neutral; however, in the days and months since, the CBO is less sanguine about its impact on the economy. Moreover, recent responses of the marketplace and small businesses reflect a belief that ObamaCare spells disaster for the U.S. economy and for businesses.
MSLF argues that America’s embrace of limited government of specific enumerated powers began in the pre-Revolutionary Days, continued through the Declaration of Independence, the Constitution, and the Bill of Rights, and has been upheld by the federal judiciary, including the U.S. Supreme Court.
Mountain States Legal Foundation, created in 1977, is a nonprofit, public-interest legal foundation dedicated to individual liberty, the right to own and use property, limited and ethical government, and the free enterprise system. Its offices are in suburban Denver, Colorado.
Mountain States Legal Foundation (MSLF) is a nonprofit,
public interest legal foundation dedicated to individual liberty, the right
to own and use property, limited and ethical government, and economic freedom. It is an Internal Revenue Code 501(c)(3) entity
incorporated in the State of Colorado. Csontributions
to Mountain States Legal Foundation are tax deductible.
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