Family Research Council Files Amicus Brief in Virginia Obamacare Court Case

April 6, 2011

WASHINGTON, April 6, 2011 /PRNewswire-USNewswire/ — Family Research Council filed an amicus brief in the U.S. Court of Appeals for the Fourth Circuit in Virginia’s 2010 healthcare lawsuit. FRC’s brief expands upon the brief filed in Florida’s multi-state lawsuit on the same issue, and argues that due to the 2010 Patient Protection and Affordable Care Act’s lack of a severability clause allowing part of the law to be ruled unconstitutional without affecting the entire law, and since the individual mandate requiring all Americans to purchase health insurance is unconstitutional, then the court should strike down the entire law as unconstitutional.

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Family Research Council Special Counsel Ken Klukowski, J.D., authored the brief, as well as FRC’s brief in the Florida case, which was cited in U.S. District Judge Roger Vinson’s Florida decision, and which Judge Vinson wrote that he relied upon “heavily” when determining that the entire law was unconstitutional, and not only its individual mandate.

Klukowski made the following comments about the brief:

“Just as Family Research Council’s brief in the Florida healthcare lawsuit was instrumental in the entire law being struck down, FRC’s brief in Virginia’s lawsuit will point out that the law’s individual mandate illegally requiring Americans to purchase health insurance is so interwoven in this law that it can’t be removed without destroying the law itself. The law’s lack of a severability clause is simply more proof of this fact.

“No part of the Constitution empowers the federal government to order Americans to spend their own money to purchase health insurance. This is a fact that FRC has again noted in our amicus brief in Virginia, and a fact that has been upheld in Florida’s court case on Obamacare already.”

To read the amicus brief, click here: http://www.frc.org/legalbrief/amicus-brief-commonwealth-of-virginia-v-kathleen-sebelius.

SOURCE Family Research Council

Source: newswire

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