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”).

Our amicus brief argues that the Supreme Court should grant the Petition for a Writ of Certiorari to the U.S. Court of Appeals for the Fourth Circuit for the following reasons.

First, the court of appeals decision lacks respect for the principles of federalism upon which our nation is based. According to the court of appeals, no one may challenge the constitutionality of PPACA’s individual mandate. The court of appeals demonstrated a lack of respect for the VHCFA, Virginia’s elected officials, and Virginia’s constitutional challenge. Virginia’s challenge to PPACA’s individual mandate is fully consistent with the principles of federalism.

Finally, the court of appeals ruling that Virginia has no standing conflicts with the Supreme Court’s decision in Bond v. United States. As a sovereign state, Virginia has standing to protect both the liberties of its people and its prerogatives and responsibilities reserved by the Tenth Amendment.

Link to brief