The American Civil Rights Union filed an amicus curiae brief on April 4, 2011 in the United States Court of Appeals for the Fourth Circuit 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 Obamacare’s individual mandate is unconstitutional because the delegated, enumerated power in the Commerce Clause to regulate interstate commerce does not include compelling purchase of government designated health insurance. The brief also argued that all of Obamacare should be struck down as unconstitutional as a result, because the Obamacare law did not include a severability clause. 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.