ACLJ Files Brief to Strike Down 'Obamacare'

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The American Center for Law and Justice is urging the Supreme Court to strike down Obamacare.

The ACLJ filed a brief Friday on behalf of nearly 120 Republican members of Congress who believe the Obama administration's entire health care law is unconstitutional and should be struck down.

The brief argues that the individual mandate forcing Americans to buy health care insurance is a core part of health care overhaul.

The ACLJ said that since the mandate cannot be severed from Obamacare, the entire piece of legislation is unconstitutional.

"Without the individual mandate, the [law's] remaining provisions cannot function properly," the ACLJ stated in its brief. "Thus, the unconstitutional individual mandate is not severable from the [legislation] and the entire Act must be invalidated."

The 11th Circuit Court of Appeals has ruled the mandate unconstitutional.
    
Meanwhile, Senate Minority Leader Mitch McConnell, R-Ky., along with 35 Senate Republicans, also filed a friend of the court brief to determine "whether the other provisions of the law are legally viable in the event the Court finds the mandate unconstitutional."

"We believe the mandate is not severable from the PPACA because the law will not function as its congressional proponents intended or achieve their objectives without the presence of the mandate."

The high court is expected to hear oral arguments in March.

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