As you may recall, in our initial brief filed in May, we urged the appeals court to reverse a lower court decision which dismissed our lawsuit:
"The individual mandate is unconstitutional because it exceeds even the outermost bounds of Congress’s Article I authority and is inconsistent with the constitutional system of dual sovereignty that divides power between the federal and State governments," the brief contends. "Under the Commerce Clause, Congress cannot 'regulate' inactivity by requiring individuals to buy a good or service as a condition of their lawful residence in the United States. . . ."
In our lawsuit, we represent four U.S. residents and federal taxpayers: Susan Seven-Sky from New York, and three Texas residents - Charles "Eddie" Lee, Kenneth Ruffo, and Gina Rodriguez.
Oral arguments before the federal appeals court are scheduled for September 23rd. The Constitution and Supreme Court precedent are clear: the health care law oversteps the authority of Congress.
The individual mandate is at the heart of this law. It is constitutionally flawed and we believe ultimately will render the entire health care law unconstitutional.
We are confident we will prevail.