Amicus Brief Filed With Supreme Court: Department of Health and Human Services, et al., v. Florida, et al.

Congress' failure to consider such limitations resulted in a bill that exceeds the powers granted to Congress under the Constitution and severely infringes upon the individual liberty that the Constitution was designed to protect and promote. In such circumstances, this Court should not accord to the individual mandate the same "presumption of constitutionality" that it typically grants to congressional enactments in the first instance.