On kickbacks and a rigorous standard of review

Ending Spending, in conjunction with the Center for Constitutional Jurisprudence, the Heritage Foundation and several other organizations, today filed an amicus brief in the United States Supreme Court, supporting the Constitutional challenge of the nearly 2,500 page law called the Patient Protection and Affordable Care Act (“ACA”).

As all Americans now know, Congress failed to conduct an inquiry into whether the proposed individual mandate that is the centerpiece of the law was even Constitutional. We argue that the “passage of the ACA was made possible by an unseemly mix of trade-offs, arcane legislative maneuvers and politically expedient promises” – and we detail the sordid history of things such infamous earmark known as the “Conhusker Kickback.”

As a result of these numerous procedural irregularities, we believe that the “presumption of constitutionality” that the Supreme Court has traditionally bestowed upon Congressional action is substantially weakened here.

We will be watching as the case progresses in the Supreme Court. Click here to download the full amicus brief (PDF).

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