In a major development that may bode well for reining in the Affordable Care Act (ACA), the U. S. Supreme Court has agreed to hear a challenge based on the creation of federal health insurance exchanges.
The Internal Revenue Service (IRS) acted illegally when it issued an Obamacare rule allowing subsidies for health care insurance purchased in federal exchanges in states that declined to create their own exchanges, a brief filed Wednesday by the American Civil Rights Union (ACRU) argues.
WASHINGTON, D.C. (March 11, 2014) — In a brief filed Monday at the Fourth District U.S. Court of Appeals, the American Civil Rights Union (ACRU) argues that the Internal Revenue Service (IRS) has ignored Congress on Obamacare and violated the constitutional separation of powers.Even though the Affordable Care Act (ACA) makes tax subsidies available only to individuals purchasing insurance through state exchanges, the IRS issued a rule opening subsidies to people who buy on federal exchanges. A U.S. District Court upheld the rule, ignoring the ACA's clear language, according to the ACRU's brief filed in conjunction with the Pacific Justice Institute and the Cato Institute."This is a [...]
On May 10, 2010, the American Civil Rights Union filed a brief with the New Jersey Supreme Court urging the justices to affirm a state appellate court ruling ordering the Secretary of State to recognize a recall notice for U.S. Sen. Robert Menendez (D). If the court concurs, petitioners could begin immediately to collect the 1.3 million signatures needed within 320 days to put Menendez on the ballot. Menendez, who was elected in 2006, is not slated for re-election until 2012."The New Jersey Supreme Court must either affirm the ruling of the court below, or expressly overrule all the New Jersey precedents holding that courts will not [...]
Senator Robert Menendez (D-NJ) petitioned the New Jersey Supreme Court to hear his appeal from the ruling of a state appellate court that a citizens committee seeking a recall election to remove him from office could proceed to circulate petitions to collect the signatures required under the New Jersey Constitution to qualify for such an election.The American Civil Rights Union (ACRU) filed an amicus curiae brief on April 21, 2010 with the New Jersey Supreme Court urging it to deny the petition from Senator Menendez to hear the case on the grounds that the circulation of petitions and the collection of signatures is political activity and political [...]
February 9, the American Civil Rights Union filed an amicus brief in support of a grassroots citizens effort to petition for recall of Sen. Robert Menendez (D-NJ).The Sussex County Tea Party and NJ Tea Parties United, which filed the original petition request to gather signatures as The Committee to Recall Senator Robert Menendez from the United States Senate, contend that Menendez has violated his oath of office by voting for unconstitutional measures such as the attempted government health care takeover bill.The New Jersey Secretary of State at the time rebuffed the request. So the matter is in court. Menendez is up for re-election in 2012. A successful [...]
Gun control laws in the District of Columbia effectively ban the use of handguns, or other guns, for self-defense within the home. Heller is a Federal security guard charged with helping to protect the Federal judiciary at the Federal Judicial Center in Washington DC. In that capacity, he is armed with a handgun for his work during the day. Heller wants to keep a handgun within his home in Washington DC for self-defense during the evening. He applied for a permit for such a gun but was denied, as required under DC law since 1976. He sued the city claiming that the DC gun control laws effectively [...]
The American Civil Rights Union filed an amicus curiae brief in the United States Supreme Court on Friday, October 12 in the case of Parker v. District of Columbia urging the Court to grant the requested writ of certiorari on behalf of 5 of the original 6 plaintiffs seeking to strike down the District's gun control laws as unconstitutional under the Second Amendment. The D.C. Circuit Court of Appeals had found that these 5 plaintiffs did not have standing in the case and dismissed them from the suit.READ THE AMICUS BRIEF HERE.