Friday, November 19, 2010
Amicus brief filed by 63 members of the House
Sixty-three members of the United States House of Representatives, along with the American Center for Law and Justice and the Constitutional Committee to Challenge the President and Congress on Health Care, have filed an amicus brief in support of the states in Florida v. HHS, which you can find here. The brief argues (1) that the minimum coverage provision exceeds Congress's enumerated powers, and (2) section 1501(b) is not severable from the rest of the Act, such that the court should declare the entire ACA unconstitutional. Like the other amicus briefs on plaintiffs' side filed thus far, the brief does not address the Medicaid issue.
Posted by Bradley Joondeph at 8:19 AM