Obamacare Amicus Brief Filed with U.S. Supreme Court

The Supreme Court can save America from an out of control Congress this session! The Court has accepted and will review Liberty Legal Foundation’s amicus brief in the Health and Human Services v. Florida anti-Obamacare litigation. Rather than argue about whether the individual mandate goes “too far” under current Commerce Clause precedent, we argue that the Commerce Clause was grossly misinterpreted under the 1942 precedent of  Wickard v. Filburn. We urge the Court to correct a 70 year mistake and overturn Wickard v. Filburn.

Our brief proves the link between Wickard and uncontrolled growth in the federal government. We show that the Court’s elimination of Constitutional limits on Congressional authority have left Congress unable to control itself. Wickard was a direct cause of exponential growth in federal spending, decreased faith in Congress, shocking growth in federal regulations, and loss of freedom in America. Our brief proves these points by citing the government’s own statistics.

The statistics are shocking. They include a 15,474% increase in per-citizen annual federal spending and a 26,586% increase in national debt. There are 16 times as many federal regulations as there were at the time of Wickard. The number of Federal agencies have increased from 97 in 1942 to 529 today. All of this started immediately after the Supreme Court’s Wickard decision.

We remind the Court of the drastic shift Wickard represented by reviewing what the legal standard was for the first 150 years of our nation’s history. Our brief then explains why every court that has reviewed the individual mandate has been unable to find reasonable limits on Congressional authority under Wickard: BECAUSE THERE ARE NONE! We then show the Court how it could easily return to pre-1942 limits on Congressional authority.

Without your support the Court would not have heard this argument. Every other party is arguing whether or not the current Commerce Clause precedent allows Congress to impose the individual mandate. Without YOU, the argument would have ended there. Now the Supreme Court has been reminded that it needs to fix a 70 year old mistake. It has been SHOWN that Wickard destroyed America.

As you read our brief imagine what would happen if this Court returned to its pre-Wickard understanding of the Constitution. States, not Congress, would decide what regulations were appropriate for agriculture, mining, manufacturing, and most service industries. Congress would once again be limited to the powers granted to it by the States. As we concluded our brief, we reminded the Supreme Court that it now has an opportunity to correct a devastating mistake. It has the authority and duty to do so.

Thanks to you the Court now has an opportunity to save America from an uncontrolled Congress and the crushing debt they have created. Thanks to you the Court has been shown exactly what it needs to do.

Please download and forward our amicus brief, your amicus brief, to everyone you know. Thank you for supporting Liberty Legal Foundation.

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