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Public Interest Law Firm Petitions Supreme Court to Review Health Reform's Individual Mandate

August 01, 2011
The ThomasMoreLawCenterfiled a writ of certiorari requesting the United States Supreme Court to review the individual mandate under health reform, stating that Supreme Court review is ?Ç£necessary to establish a meaningful limitation on congressional power under the Commerce Clause.?Ç¥?á The petition was filed as a result of the Sixth Circuit?ÇÖs 2-1 decision in ThomasMoreLawCenterv. Obama, in which the?á U.S. Court of Appeals for the Sixth Circuit found that the individual mandate was a valid exercise of congressional authority under the?á Commerce?á Clause of the U.S. Constitution.?á In general, the petition argues that individual mandate is unconstitutional based on the fact that prior case law indicates that the Commerce Clause cannot be used to require affirmative action; it can only be used to provide limitations on activities, and the individual mandate does not regulate an activity as it attempts to regulate an individual?ÇÖs decision.?á A copy of the petition is available here.
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