COMMONWEALTH of VIRGINIA V SEBELIUS - 31 - MOTION For Leave To File Amici Brief - Gov - Uscourts.vaed.252045.31.0
COMMONWEALTH of VIRGINIA V SEBELIUS - 31 - MOTION For Leave To File Amici Brief - Gov - Uscourts.vaed.252045.31.0
COMMONWEALTH of VIRGINIA V SEBELIUS - 31 - MOTION For Leave To File Amici Brief - Gov - Uscourts.vaed.252045.31.0
RICHMOND DIVISION
COMMONWEALTH OF )
VIRGINIA EX REL. KENNETH )
T. CUCCINELLI, II, )
in his official capacity as Attorney
)
General of Virginia, )
Plaintiff,
)
v. )
) No. 3:10-cv-00188-HEH
KATHLEEN SEBELIUS, )
Secretary of the Department )
of Health and Human Services, )
in her official capacity, )
Defendant. )
_________________________________ )
Pursuant to Rule 29(a) and (b) of the Federal Rules of Appellate Procedure,
movants, the American Center for Law and Justice (ACLJ), United States
Case 3:10-cv-00188-HEH Document 31 Filed 06/07/10 Page 2 of 7
Representatives Paul Broun, Todd Akin, Rob Bishop, John Boehner, Michael
Burgess, Dan Burton, Eric Cantor, Mike Conaway, Mary Fallin, John Fleming,
Virginia Foxx, Trent Franks, Scott Garrett, Louie Gohmert, Bob Goodlatte, Jeb
Hensarling, Walter Jones, Steve King, Doug Lamborn, Robert Latta, Michael
McCaul, Cathy McMorris Rodgers, Jerry Moran, Mike Pence, Jean Schmidt,
Lamar Smith, Todd Tiahrt, and Zach Wamp, and the Constitutional Committee to
Challenge the President and Congress on Health Care respectfully move the court
for leave to participate as amici curiae and file the accompanying amici brief in
Pursuant to Local Rule 7.1 of the Eastern District of Virginia, and to enable
undersigned counsel for the ACLJ, various members of Congress, and the
in the above captioned action, certifies that there are no parents, trusts,
subsidiaries, and/or affiliates of the ACLJ that have issued shares or debt securities
to the public.
1
The Plaintiff has consented to the participation of movants as amici in this case.
The Defendant, when contacted, stated that it takes no position on movants’
motion for leave.
2
Case 3:10-cv-00188-HEH Document 31 Filed 06/07/10 Page 3 of 7
Pursuant to Fourth Circuit Local Rule 26.1, the ACLJ declares it is a non-
by law. The ACLJ states that it has no parent corporation and issues no stock. No
publicly held corporation has a direct financial interest in the outcome of this
involving constitutional issues before the Supreme Court of the United States and
lower federal courts. It is this commitment to the integrity of the United States
Movants United States Representatives Paul Broun, Todd Akin, Rob Bishop,
John Boehner, Michael Burgess, Dan Burton, Eric Cantor, Mike Conaway, Mary
Fallin, John Fleming, Virginia Foxx, Trent Franks, Scott Garrett, Louie Gohmert,
Bob Goodlatte, Jeb Hensarling, Walter Jones, Steve King, Doug Lamborn, Robert
Latta, Michael McCaul, Cathy McMorris Rodgers, Jerry Moran, Mike Pence, Jean
Schmidt, Lamar Smith, Todd Tiahrt, and Zach Wamp are members of the United
3
Case 3:10-cv-00188-HEH Document 31 Filed 06/07/10 Page 4 of 7
movants voted against the Patient Protection and Affordable Care Act of 2010
(“PPACA”) in Congress.
Congress on Health Care, consists of over 70,000 Americans from across the
country who oppose the individual mandate and do not want to be forced to buy
insurance coverage.
to the corollary precept that the Commerce Clause contains boundaries which
Congress may not trespass no matter how serious the nation’s healthcare problems.
Movants believe that the individual insurance mandate provision of the Patient
Protection and Affordable Care Act of 2010, Pub. L. No. 111-148, § 1501, 124
Stat. 119 (2010) exceeds any power granted under the Commerce Clause.
Moreover, movants believe that because of the costs states must incur now or in
analyze the relevant case law to demonstrate that the Court should resolve the
4
Case 3:10-cv-00188-HEH Document 31 Filed 06/07/10 Page 5 of 7
to Challenge the President and Congress on Health Care represent a diverse group
of elected officials and citizens who oppose the individual mandate in the PPACA.
Movants Members of Congress voted against the PPACA in Congress and believe
respectfully submit that their participation as amici would assist the Court in its
PPACA exceeds any power granted under the Commerce Clause. In its brief,
movants argue that the Commerce Clause does not empower Congress to coerce
Clause could make the universe of commercial transactions that Congress could
compel limitless.
Movants also argue that the absence of a severability clause in the PPACA
costs to prepare to fully implement the PPACA. Thus, the burdens imposed on the
5
Case 3:10-cv-00188-HEH Document 31 Filed 06/07/10 Page 6 of 7
states by the PPACA include not only inevitable future requirements, but also
schemes.
IV. CONCLUSION
WHEREFORE, we request this court to grant the present motion and allow
Respectfully submitted,
John P. Tuskey*
Laura Hernandez (VA Bar #29853)
AMERICAN CENTER FOR
LAW & JUSTICE
1000 Regent University Dr.
Virginia Beach, VA 23464
(757) 226-2489
6
Case 3:10-cv-00188-HEH Document 31 Filed 06/07/10 Page 7 of 7
CERTIFICATE OF SERVICE
I hereby certify that on the 7th day of June, 2010, I electronically filed the
foregoing with the Clerk of Court using the CM/ECF system, which will send a
Erika Myers
Ian Gershengorn
Joel McElvain
Sheila M. Lieber
Department of Justice Federal Programs Branch
20 Massachusetts Ave NW
Room 7332
Washington, DC 20001