Virginia v. Sebelius, Amicus Brief

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On April 4, 2011 an amicus brief was filed on behalf of CLDEF in the case of Commonwealth of Virginia v. Kathleen Sebelius in the United States Court of Appeals for the Fourth Circuit.

Our amicus brief supports the Commonwealth of Virginia’s challenge to the minimum coverage provision of the “Patient Protection and Affordable Care Act” (“PPACA”) arguing 1) Virginia has standing to bring this action, 2) the individual mandate cannot be justified as a constitutional exercise of Congress’s power to regulate interstate commerce, and 3) PPACA constitutes federal take-over of health and medicine in violation of the power of the states and of the people secured by the Tenth Amendment.

Link to brief