The Claremont Institute's Center for Constitutional Jurisprudence, joined by former Attorney General Edwin Meese III and the Pacific Legal Foundation, filed an important brief today urging the Supreme Court not just to accept review of the constitutional challenge to the Patient Protection and Affordable Care Act (aka "Obamacare"), but to reassert itself more broadly as the check on unconstitutional spending and regulation by Congress that our nation's Founders envisioned. The Center had previously filed a brief in the U.S. Court of Appeals for the Eleventh Circuit, successfully arguing that Obamacare's individual mandate exceeded Congress's powers under the Commerce Clause. In this brief, the Center invites the Court to recognize that the Spending Clause has similar limits that simply must be enforced if we are to avoid a Greece-style financial calamity.
A copy of the brief for the Supreme Court can be downloaded here.
A copy of the original brief filed in the 11th Circuit can be downloaded here.