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There is no provision in the U.S. Constitution which authorizes the federal government to have any role in healthcare, but that certainly has not discouraged the Obama Administration from attempting a federal takeover of healthcare with Obamacare.

Further, the lack of Constitutional authority has not discouraged the Federal Trade Commission, often working with the Food and Drug Administration, and even the Securities Exchange Commission, from attempting to narrow the healthcare choices of the American public.

Healthcare choices are personal choices. There are a variety of schools of medicine, and each American should have the right to decide for himself which type of treatment he would desire. However, with billions of dollars at stake, establishment medical interests, led by the pharmaceutical industry, have worked for decades to convince those in government to restrict the choices available to Americans to those that enrich the clients of the lobbyists.

CLDEF has filed many briefs against Obamacare, and has worked to support the right of each American to make his own healthcare choices.

Below are some of the Healthcare matters in which CLDEF has been involved.

King v. Burwell
(challenging the tax credits provided to those who purchase health care through a federally established exchange)

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The Affordable Care Act, a/k/a Obamacare, was designed to provide tax credits only to individuals who purchase health insurance through an “Exchange” established by a state.  These tax credits were intended to be incentives for states to create these Exchanges.  Nevertheless, many states resisted and refused to create state Exchanges.  In response, the IRS issued a rule granting that same tax credit to those individuals who purchase health insurance through Exchanges not established by a state — but by the federal government.  Suit was brought and the lower courts sustained the federal government’s position.  The U.S. Supreme Court then heard the case. Read More

Conestoga Wood Specialties v. Sebelius
(challenging the Obamacare abortifacient mandate)

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As the federal government uses the term, the term “contraceptive” no longer describes ways to prevent conception.  Rather, the term now includes terminating a pregnancy after conception occurs.  Thus, many of what are now called “contraceptives” are really abortifacients — drugs and devices that induce a miscarriage and the death of the embryo in the womb.  Under rules adopted after the enactment of Obamacare, the federal government seeks to require all employers providing group health insurance to provide these abortifacients, calling them contraceptives. Read More

Virginia v. Sebelius, Amicus Brief

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On November 3, 2011 an amicus brief was filed on behalf of CLDEF 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 to state residents the freedom to choose whether or not to purchase such insurance — the Virginia Health Care Freedom Act (“VHCFA”). Read More