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Mineola Law Firm Files Supreme Court Brief in Health Care Case

Papers from Lally & Misir argue commerce clause against Obamacare.

A Mineola-based law firm is taking on Obamacare on the side of the states.

Consisting of just seven employees, the firm of Lally & Misir filed a 25-page friend-of-the-court brief with the U.S. Supreme Court hoping to aid in striking down the Affordable Care Act.

"We have a reputation for doing a lot of constitutional litigation, even though we're small," partner Deborah Misir told Newsday. "As far as we know, and we've checked extensively, we are the only Long Island firm involved in the appeals."

The brief was filed on behalf of the Caesar Rodney Institute, an advocacy group against the health care law. 

"I felt it was important that we contribute, to be part of this case and support the position of individual freedom and constraint on government power," said partner Grant Lally, who has Republican ties and unsuccessfully ran against Congressman Gary Ackerman in 1994.

According to the article, the attorneys “were approached by Caesar Rodney and also filed papers on the group's behalf in the U.S. 11th Circuit Court of Appeals in Florida, which ruled the health law unconstitutional last year.”

The legal documents reportedly argue that Congress did not state that it was acting under its authority to regulate interstate commerce, better known as the Commerce Clause.

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Geoffrey Walter (Editor) March 29, 2012 at 05:42 pm
Which way do you think the Supreme Court will rule on the law?
SLJ March 29, 2012 at 06:46 pm
The S.C. will throw out the individual mandate, and send the entire mess back to Congress for them to fix. Too many justices seem to know this was too far of a reach for the govt. to force people to buy a product.
james castiglione March 30, 2012 at 12:32 pm
Without mandate then the obamacare implodes ... It needs everybody in for it to work ....
David April 4, 2012 at 07:50 pm
Great! They should toss out mandatory drivers insurance while they're at it!
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