ACLJ plans nationwide challenge to health care bill

LAWSUIT TO BE FILED NEXT WEEK SEEKS PLAINTIFFS

by Sharon Rondeau

(Mar. 23, 2010) — The American Center for Law and Justice will be filing a legal challenge to the health care bill passed by the House of Representatives on Sunday and signed by Obama today.

According to Jordan Sekulow, Director of International Operations at the ACLJ, the non-profit organization is seeking plaintiffs from all 50 states and plans to file the suit in district courts across the country.

Although the “individual mandate” provision of the bill which requires everyone to purchase health insurance does not take effect until 2014, it is the ACLJ’s main focus in its constitutional challenge to the legislation.

Sekulow stated that the bill violates Article I of the U.S. Constitution and the Tenth Amendment of the Bill of Rights.  More than ten attorneys and several law professors from the Regents University School of Law located in Virginia Beach, VA have been preparing the case, which is expected to be filed next week.

A new area of the ACLJ’s website, www.aclj.org/healthcare,  will be functional as of March 24, 2010 for anyone interested in becoming a plaintiff on the suit.  All potential plaintiffs will be vetted for eligibility, as only those whom the “individual mandate” will directly affect are eligible to serve.  There is no charge to become a plaintiff.

The ACLJ also plans to file Amicus briefs to support the lawsuit filed today in Florida by 13 attorneys general against the health care legislation.

Founded in 1990 by Dr. Pat Robertson, the ACLJ’s original focus was religious freedom in the public square.  The group’s attorneys have litigated in front of the Supreme Court on campaign finance law, achieving a 9-0 victory on the provision which would have restricted young people’s ability to make campaign donations.  Last year, the ACLJ successfully argued another Supreme Court case regarding whether or not “equal access” had to be provided to religious displays which included the Ten Commandments.

Sekulow stated that the organization maintains “a special balance between the grassroots and legal world.”  He stated that they had hoped to “win on Capitol Hill” before Sunday’s vote, but that the outcome  now takes them to the courts, which is their specialty.

“We’re gonna fight it!” Sekulow said.