Election Mandate: Repeal ObamaCare

While jobs and improving the economy are front-and-center, Republican leaders also understand that a top priority is getting rid of ObamaCare. Soon-to-be House Speaker John Boehner (R-Ohio) put it into perspective:  "The American people spoke, and I think it's pretty clear the Obama/Pelosi agenda is being rejected by the American people," Boehner said. "The American people are concerned about the government takeover of healthcare." 

Current House Minority Whip Eric Cantor (R-Va.), who's expected to become the new majority leader in the House, echoed those concerns.  In an interview with CBS News, he expressed hope that legislation to repeal ObamaCare can happen soon.  "The problem is . . .we haven't focused on the problem, which is the cost," Cantor said. "It's too expensive. Health care is just, the costs are out of control, and we've got to go back and begin to give the American people what they want, which is lower cost and higher quality. Not this abomination that was passed."

And, Indiana Congressman Mike Pence, considered by some to be a possible presidential candidate in 2012, told Fox News that "House Republicans will not rest until we repeal ObamaCare lock, stock and barrel."  

Americans repeatedly have expressed concern and opposition to the health care law.  And, a growing majority say that want it repealed.  The well-respected Rasmussen Reports conducted exit polls and found that 59% of those who voted on Election Day favor repealing ObamaCare - numbers that have been pretty consistent since the troubling health care measure was passed in March. 

And, many of the Democrat candidates who ran in House races found out first-hand that ObamaCare is not only unpopular, it can be toxic when running for office.  The Hill reported that in many cases a vote for ObamaCare translated into a defeat on election night.
 
Of course, all of this has not gone unnoticed by President Obama - who in post-election comments - said he is ready "to listen" to Republicans who have ideas, but without hesitation told reporters that passing the health care legislation was "the right thing to do."

The renewed call - now to a new Congress - to repeal ObamaCare - comes at a time as legal challenges intensify.

There are numerous lawsuits pending including one we have filed challenging the constitutionality of the individual mandate provision - a lawsuit filed in federal district court in Washington, D.C. 

Our complaint specifically addresses the constitutional issues of concern:  "Mandating that individuals purchase health insurance is an unprecedented and unconstitutional expansion of congressional power, as Congress has never before required individuals to involuntarily buy a good or service under the guise of its Commerce Clause authority."   The suit also argues:  "If Congress succeeds in asserting this unprecedented claim of authority, it would set a sweepingly broad standard unsupported by the Constitution that would allow Congress to dictate to individuals that they must, or must not, buy countless other goods or services in the marketplace."   

In addition to our direct challenge, we are supporting efforts by others who are challenging ObamaCare.  We've filed an amicus brief supporting the Commonwealth of Virginia's lawsuit, which was recently argued before a federal district court judge who said a decision is expected in that case by the end of the year.
 
We filed our friend-of-the-court brief on behalf of 28 members of Congress and more than 70,000 Americans in support Virginia's challenge. 

And, we are planning to file an amicus brief soon in support of the massive case spearheaded by the state of Florida in which a federal court has cleared the way for the legal challenge to proceed. 

We've already heard from tens of thousands of Americans who don't want ObamaCare and now we're launching a nationwide petition campaign to demand that the new Congress take action to repeal it.
 
Whether it's through litigation or legislation - the fact is that ObamaCare is in trouble.

No one denies that there's a critical need for health care reform. But Americans - including the constitutional conservatives and others who sent a political tidal wave across the nation - want change.  It's as simple as that.   

ObamaCare is not the reform that America needs or deserves.  

Jay Sekulow is chief counsel of the Washington, DC-based American Center for Law and Justice.