State of Texas v. United States

admin Constitutional Law, Health Law, Statutory Construction, U. S. Court of Appeals, Fifth Circuit

Today our firm filed our ninth amicus brief opposing Obamacare.  This briefs supports challenge to Obamacare brought by the State of Texas and other states based on the fact it is unconstitutional since the penalty for the individual mandate was zeroed out by Congress in December 2017.  Earlier, we filed the only amicus brief supporting the Texas challenge in district court in Texas.  This brief Read More

Texas v. United States

admin Constitutional Law, U. S. District Court, Northern District of Texas

Today, we filed the only amicus brief supporting a 20-state challenge to Obamacare being led by Texas Attorney General Ken Paxton.  The case is pending in the U.S. District Court for the Northern District of Texas  In December 2017, President Trump signed the Tax Cuts and Jobs Act of 2017, which eliminated the Obamacare penalty for failing to comply with the individual mandate.  The Texas lawsuit asks that Obamacare be declared unconstitutional in its entirety, since a zero tax cannot form the basis of the exercise of the taxing power.

Link to brief

Zubik v. Burwell
Little Sisters of the Poor v. Burwell

admin Constitutional Law, U. S. Supreme Court

Today our firm filed a brief supporting a challenge to the contraceptive/abortifacient imposed by Obamacare.  Our brief asked the U.S. Supreme Court to expand the scope of its review, which is now narrowly limited to the Religious Freedom Restoration Act (“RFRA”) issue, to also include the First Amendment issue.

The brief was filed on behalf of U.S. Justice Foundation, Eberle Communications Read More

King v. Burwell (Obamacare, Round III) — Amicus Brief

admin Constitutional Law, Health Law, U. S. Supreme Court

Today, our firm filed an amicus brief in the U.S. Supreme Court in opposition the Obamacare healthcare “exchanges” created by the federal government contrary to the plain language of the statute.

The Affordable Care Act (“ACA”) authorized tax credits only for taxpayers who purchase qualified health insurance through an “Exchange” which was established by a state. Read More

Obamacare Contraception/Abortion Services Mandate Conestoga Wood Specialties Corp. v. Sebelius U.S. Supreme Court Amicus Brief

admin Constitutional Law, U. S. Supreme Court

The story is told of a grizzled Master Sargent who, reflecting on his years of service, said: “When I joined up, homosexuality was prohibited; now it’s tolerated; and I darn sure am getting out before it’s mandatory.” So it is with respect to homosexual and abortion rights. First, the goal is said to be tolerance. Then, governmental approval and support. Lastly, any pretense of tolerance Read More

Dept. of Health and Human Services, et al. v. State of Florida, et al. (Obamacare), Amicus Brief for Virginia Delegate Bob Marshall et al. in the U.S. Supreme Court

admin Health Law, U. S. Supreme Court

Today our firm filed an amicus brief in the case of Dept. of Health and Human Services, et al. v. State of Florida, et al.(Obamacare) in the United States Supreme Court in support of respondents (minimum coverage provision). The brief asked the Court to overturn two of its most extreme, and controversial, Commerce Clause holdings:

“The Government believes that this law is fully justified under Read More

Virginia v. Sebelius, Amicus Brief for Virginia Delegate Bob Marshall et al. in the U.S. Supreme Court

admin Constitutional Law, Health Law, U. S. Supreme Court

Today our firm filed an amicus brief in the case of Virginia v. Kathleen Sebelius in the United States Supreme Court in support of petitioner. This petition presents to the Supreme Court a clash between a federal law mandating the individual purchase of its approved healthcare insurance — the Patient Protection and Affordable Care Act (“PPACA”) — and a state law securing Read More

Virginia v. Sebelius, Amicus Brief for Virginia Delegate Bob Marshall et al. U.S. Court of Appeals for the Fourth Circuit

admin Health Law, U. S. Court of Appeals, Fourth Circuit

Today our firm filed an amicus brief in the case of Commonwealth of Virginia v. Kathleen Sebelius in the United States Court of Appeals for the Fourth Circuit on behalf of Virginia Delegate Bob Marshall, Gun Owners of America, Inc., Gun Owners Foundation, American Life League, Inc., Institute on the Constitution, the Lincoln Institute for Research and Education, Public Advocate of Read More