ACRU Files Supreme Court Briefs Defending Arizona and Challenging ObamaCare


ACRU Staff


February 13, 2012

Feb. 13 — An American Civil Rights Union brief filed today at the U.S. Supreme Court argues that Arizona has the right to enforce existing federal law regarding illegal immigrants. The Justice Department had sued Arizona over its new law directing law enforcement personnel to ask for proof of citizenship when stopping people for law violations.

The brief, authored by ACRU General Counsel Peter Ferrara, states:

“Arizona is ground zero for the illegal immigration tidal wave, with over one-third of all illegal border crossings in the nation in that state alone. This includes gang members in Mexican drug cartels and criminals fleeing their home countries south of the border…

“The Obama Administration sued the state of Arizona to enjoin the duly enacted state law on its face before it even took effect. The suit alleged the law violated the Supremacy Clause of the U.S. Constitution because its provisions were preempted by the Immigration and Nationality Act (“INA”). But the INA and other federal immigration laws specifically authorize cooperative law enforcement between state and federal officials.”

The other brief, also authored by Mr. Ferrara, is the ACRU’s seventh brief in the federal courts challenging the Patient Protection and Affordable Care Act, better known as ObamaCare. This brief argues that the individual mandate to purchase health insurance exceeds the federal government’s enumerated powers. The administration bases its policy on the Commerce Clause.

“But the Commerce Clause grants Congress the power to regulate interstate commerce,” the brief states. “It does not grant Congress the power to compel individuals to enter into interstate commerce. The Congress itself has recognized this for 220 years, as it has never before enacted a law compelling individuals to purchase particular products and services.”

“We see these cases as a crucial test of whether we will remain a self-governing republic or slide into the sort of massive welfare state and social chaos that characterizes many European countries,” said ACRU Chairman and CEO Susan A. Carleson. “We have high hopes that the Supreme Court will check these obvious overreaches of federal power.”




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