Delegate Marshall files Amicus Curiae Brief against Obamacare
Delegate Bob Marshall filed his third “friend-of-the-court” (amicus curiae) brief in federal court in his continuing effort to stop implementation of the dangerous Obamacare legislation. This brief was filed in the U.S. Supreme Court in support of the challenge by Florida and 25 other states to Obamacare — formally known as the “Patient Protection and Affordable Care Act” (“PPACA”). Bob was joined on the brief by Virginia State Senator Dick Black, and numerous others, including Gun Owners of America and America Life League.
The states which have joined together to challenge Obamacare are: Alabama, Alaska, Arizona, Colorado, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Maine, Michigan, Mississippi, Nebraska, Nevada, North Dakota, Ohio, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Washington, Wisconsin, and Wyoming. Virginia’s challenge was brought separately, and its resolution awaits the Supreme Court’s determination of the Florida case.
This brief argues that PPACA imposes plenary federal control over the private health insurance industry and places the federal government into that business. It states that PPACA effectively coerces individuals to purchase private insurance, overriding any religious, moral, or practical scruples that they may have.
The brief attacks the Obama Administration’s reliance on prior Supreme Court Commerce Clause cases and urges that these politicized cases be re-examined and overturned. Delegate Marshall’s brief warns that if these dangerous prior cases are left to stand, many in Congress will continue to believe that they can compel whatever behavior it believes would make us a more healthy People — leading us to a totalitarian state where everything not prohibited is mandated.
The brief urged the Court to re-examine Commerce Clause jurisprudence in view of the text of the Constitution which text is “the supreme Law of the Land” giving no deference to its own decisions, rather examining the issue afresh.
In a memorable line, the brief concluded that the individual mandate is not constitutional “regulation of voluntary commercial intercourse; it is more akin to forcible economic rape.”
The two other related amicus curiae briefs that Bob had filed earlier were in the challenge to Obamacare brought by the Commonwealth of Virginia, where Virginia relied, in part, on Bob’s Virginia Healthcare Freedom Act.
He filed one brief on April 4, 2011, in the U.S. Court of Appeals for the Fourth Circuit — arguing the statute to be unconstitutional. Download brief here.
Bob filed another brief on November 3, 2011 urging the U.S. Supreme Court to grant certiorari to review the adverse decision of a panel of three liberal Democrat judges — a petition on which the Supreme Court has yet to rule. Download brief here.