Lund Co-authors Amicus Brief on Severability of Individual Mandate
Professor Nelson Lund, along with Family Research Council (FRC) legal counsel Ken Klukowski (Mason Law ’08), is author of a brief on behalf of the FRC as amicus curiae with the U.S. Supreme Court in National Federation of Independent Business v. Kathleen Sebelius and Florida v. Department of Health and Human Services. The brief was joined by 27 Members of Congress, including House Judiciary Committee Chairman Lamar Smith (TX-21).
The case in question challenges the constitutionality of the 2010 Patient Protection and Affordable Care Act. FRC's amicus brief was cited in the Supreme Court brief filed for the National Federation of Independent Business, which will make it likely that the Court will carefully read and consider the argument it presents.
The brief argues that the "individual mandate" in the 2010 Patient Protection and Affordable Care Act requiring all Americans to have health insurance is unconstitutional and unseverable from the Act itself, and that striking down the individual mandate provision requires the Court to strike down the law in its entirety.
FRC, 27 Members of Congress File Amici Brief on Severability to the U.S. Supreme Court Regarding Obamacare, PRNewswire, January 9, 2012.