DownsizeDCFoundation.org
November 21, 2011
The Supreme Court Has Your Obamacare Brief
By James Wilson

Most days the Dispatch comes from DownsizeDC.org. Today's message comes from the Downsize DC Foundation.

We asked you to help fund a brief on Virginia’s suit against Obamacare. You gave us the money and we did it. Now here's where the case stands . . . 

The U.S. Supreme Court has announced that it will hear the Obamacare case. But we must still wait to hear whether Virginia's case against Obamacare (Cuccinelli v. Sebelius) will also be heard. The Court will consider this, as well as our amicus brief, at its internal conference on Tuesday (11/22).

We have already told you why we think it's crucial for the Court to hear the Virginia case. 

Remember that the Commonwealth of Virginia . . .

1. Passed a law exempting its citizens from Obamacare's "individual mandate." (This "mandate" requires that individuals buy health insurance.)

2. Sued to have Obamacare declared un-constitutional because of the "individual mandate."

But a lower court ruled that Virginia does NOT have standing to bring its suit, because the "mandate" only impacts individuals, NOT states.

Virginia is counter-arguing that it has a right to protect its citizens from a predatory federal state, under the 10th Amendment, which limits federal functions while reserving powers to the states and to the people. We believe that a unanimous 2011 ruling by the High Court in Bond v. United States helps bolster this argument.

We believe that the Commonwealth's case strengthens the overall legal challenge against Obamacare, and that securing the inclusion of this case on the Supreme Court's docket enhances the likelihood that we can DEFEAT Obamacare -- an act so brazenly unconstitutional upon a plain reading of the Constitution, that only lawyers and judges can think it debatable.

In the brief that DC Downsizers helped fund, we demonstrated that the lower court had (between the Liberty University case and the Virginia case) created a Catch-22, such that no one, be they state or a private party, could challenge the constitutionality of the law. We believe our legal team has generated a compelling, and even quotable argument in the brief we submitted.

This case is also part of an expanding nullification movement. For instance, Virginia and North Dakota have passed laws making the Obamacare mandate illegal within their borders. And the citizens of Ohio have just passed a ballot initiative doing the same thing. 

If the Virginia case is not heard, AND if the mandate is ultimately upheld by the Supreme Court, must these states comply? Must YOUR state comply? The spineless politicians (allegedly) governing these states are likely to defer. However . . . 

Our brief argues that states retain the right to nullify, if all other remedies have been shut down -- if the Commonwealth is given no outlet and no voice for their concerns. We hope the High Court will recognize this, and agree to include the Virginia case. In fact . . .

The brief DC Downsizers helped fund makes this more likely. Thanks to DC Downsizers, we took a lead role in funding and filing this brief, and we also secured the inclusion of the following statement . . .

"Additionally, the court below gratuitously mis-characterized VHCFA {Virginia Health Care Freedom Act} as an unauthorized act designed "to nullify federal law...." Cuccinelli, p. *21.  VHCFA never declared PPACA {Patient Protection and Affordable Care Act} unconstitutional. However, judicial refusal to consider the validity of state challenges to unconstitutional laws may very well serve as a springboard to interposition and actual nullification by states when told by the courts they have no other option. See generally Marshall Amicus Curiae Brief, p. 5, for discussion of James Madison's Virginia Resolutions, Dec. 21, 1798, The Founder's Constitution, Vol 5, p. 135." 

In other words, when the Federal State refuses to provide channels for dissent, when it shuts down petitions rather than hears them, it is using force against them. States may be backed into a corner where, to defend the liberty of their citizens, they must take an extraordinary action.

Will the Supreme Court tell the states, in essence, to "take your case and shove it," or will they provide the relief valve of a fair hearing and due consideration? Framed that way, the best option is for the Court to take up the Virginia case.

There was only one other amicus brief filed on behalf of Virginia. This leads me to believe that, if we're successful in getting this case heard, YOU will have played a major role in making that happen!

You can read the brief for yourself here (.pdf): http://www.downsizedc.org/blog-content/virginia-v-sebelius-marshall-amicus-brief-final.pdf

In 2011, the Downsize DC Foundation had two primary projects.

* Our Human Progress educational blog, full of strategic insights
* Legal briefs in crucial cases

Our 2012 goal is to expand our efforts in BOTH of these areas, and to introduce yet ANOTHER NEW project. It's too early for us to reveal it. It pains me to say that, because I'm bursting with excitement about what's coming up. But our efforts in 2011 should inspire confidence that we'll do great work in 2012.

And at this point, we only need to raise about $5,500 to meet our Foundation budget goal for 2011. Meeting this goal, means we start the New Year ready for the challenges ahead. Could you make a generous contribution today?

Pledges give us great capabilities. With reliable, planned income that comes from monthly credit card commitments, we're able to pursue expansion plans. Please consider making a pledge today.

Remember, contributions to the Downsize DC Foundation are TAX-DEDUCTIBLE. 

My staff and I are thankful for the privilege of showing up each day, and taking positive action to advance personal liberties. Your support makes that possible. Thank you!

Jim Babka
President
Downsize DC Foundation

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