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WyLiberty Joins Friend of the Court Brief in the Obamacare Supreme Court Challenge

The Obamacare (PPACA) challenge is scheduled for oral arguments in late March (just after its second birthday).  In the meantime, the deadlines for briefs on various issues come and go, and—as this is the most important Supreme Court case in decades—a number of briefs are rolling in on both sides.

Today marks the filing of an amici curiae (friend-of-the-court) brief written by Timothy Sandefur of the Pacific Legal Foundation and Robert Levy, Ilya Shapiro and Anastasia Killian of the Cato InstituteWyoming Liberty Group has proudly joined this brief along with several of our fellow state think tanks.

The brief argues against Obamacare’s individual mandate, the requirement that most Americans purchase qualifying health insurance or pay a yearly penalty beginning in 2014.  This is largely considered the lynchpin of the entire program: Obamacare expands insurance coverage mandates, sets arbitrary price controls, and attempts to magically make this cost-effective by forcing everyone to purchase the product.  Although the other requirements could remain in place if the individual mandate is ruled severable from the rest of the Act, politically Obamacare would be a dead letter. 

The brief explains that the Commerce Clause of the Constitution, Congress’s power “[t]o regulate Commerce . . . among the several States” (Article I, Section 8, Clause 3), cannot force individuals into performing the activity that influences the commerce among the states.  To do so would make Congress’s power practically limitless, and would void the Tenth Amendment, which states “[t]he powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or the people.” (Emphasis added.)  Furthermore, the brief counters the feds’ claim that Congress’s power “[t]o make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers,” (Article I, Section 8, Clause 18) expands the Commerce power to a borderless length, because once again this contradicts the very federalist structure of the Constitution.

Here at WyLiberty we’ve given extensive coverage and thought not only to combating Obamacare’s various facets as they try and creep into Wyoming (most notably its insurance exchanges), but also to providing market-based solutions that could incrementally lower health care costs without tyrannically forcing everyone into a precarious system that masquerades as a market.  We stand for founding principles and believe that this brief will remind the Justices of the Supreme Court that these principles are the very reason for American freedom and our success, and that to sacrifice the former would destroy the latter. 

Download the brief here.

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Monday, 23 October 2017
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