The federal trial court in San Diego recently sided with the government and dismissed the lawsuit filed by the Pacific Justice Institute and former California Assemblyman Steve Baldwin challenging the health care bill’s provision compelling all Americans to purchase health insurance. In a ruling last month, a federal court in Virginia came to the opposite conclusion by refusing to dismiss a similar lawsuit against the health care bill. PJI and Assemblyman Baldwin are requesting the Supreme Court to resolve this conflict by striking down the health care bill. Because of the conflicting rulings arising from federal courts across the country on one of the most sweeping pieces of legislation in American history, the attorney representing PJI, Pete Lepiscopo, is taking the extraordinary step of bypassing the Ninth Circuit Court of Appeals and appealing the decision directly to the U.S. Supreme Court. The Petition for Certiorari was filed with the Supreme Court on September 16, 2010 and will be considered by the full Court when the Justices return in October.
Mr. Lepiscopo commented, “Ironically, even members of President Roosevelt’s New Deal Era Court would blush at such an unrestrained and unauthorized exercise of Congressional power.” When asked about the drastic procedure of by-passing the Court of Appeals, Mr. Lepiscopo responded, “We are giving the Supreme Court a unique opportunity to step in now to resolve these contradictory rulings and to nullify this unconstitutional legislation.”
Brad Dacus, president of Pacific Justice Institute, commented, “It is unjust and unconstitutional for the federal government to mandate that every citizen buy health insurance. We are committed to doing everything possible to restore citizens’ rights to make their own choices about health care.”