The American Civil Rights Union filed an amicus curiae brief on October 4, 2010 in the Eastern District of Virginia in support of Virginia Attorney General Ken Cuccinelli in the case of Commonwealth of Virginia v. Kathleen Sebelius seeking to strike down Obamacare as unconstitutional. The brief argued that the delegated, enumerated power in the Commerce Clause to regulate interstate commerce does not include compelling participation in interstate commerce by requiring purchase of government designated products and services by those who otherwise choose not to do so. It also argued that the individual mandate is not a tax under the federal government’s taxation powers, but a regulatory requirement that individuals purchase required health insurance with the benefits and other coverage provisions specified by the government. The Heartland Institute recently published a book length study by ACRU General Counsel Peter Ferrara, who authored the brief, entitled The Obamacare Disaster: An Appraisal of the Patient Protection and Affordable Care Act.
READ THE AMICUS BRIEF HERE.