Promoting Traditional American Values
“With the passage of the Tax Cuts and Jobs Act, zeroing out the individual mandate, the ACA constitutional corpus is in shambles. From its very passage, the entire ACA was constitutionally suspect, wholly dependent upon the nature of the individual mandate. At first, it appeared that the ACA was unconstitutional because ‘as an enforceable, stand-alone mandate requiring individuals to purchase health insurance,’ it could not be sustained as an exercise of power under the Commerce Clause. Then, re-characterizing the mandate as a provision "affording individuals a 'lawful choice' between buying insurance or paying a tax," the ACA was upheld as a constitutional exercise of Congress's power to tax. ”
Citizens United and Citizens United Foundation joined with other conservative organizations in an amicus brief urging the Supreme Court to take up the Trump Administration's appeal of two federal appeals court rulings that prohibit the Administration from implementing a policy decision to rescind the Obama Administration's DACA policy that allows certain illegal immigrants to remain in the U.S. Among other things, the brief argues: The decisions by the 2nd and 9th Circuits "to force the retention of DACA on the nation is nothing less than an unconscionable attempt to nullify the results of a presidential election."
Citizens United and Citizens United Foundation joined forces with several other non-profit organizations in urging the U.S. Court of Appeals for the District of Columbia Circuit to overturn a recent U.S. District Court decision that undercuts the free speech and donor privacy rights of non-profit organizations that undertake independent expenditures in connection with Federal elections. For nearly four decades, when an entity that is not a political committee undertakes an independent expenditure in connection with a federal election it has been required to disclose the identity of any donor who earmarked more than $250 to support that particular independent expenditure.
“There they go again. No matter how many Jus-tices make it plain in separate opinions that Lemon v. Kurtzman 403 U.S. 602 (1971), does not provide a historically correct or even useful standard for adjudicating Establishment Clause claims, the lower courts keep applying it. The decision of the Fourth Circuit panel below, in particular, spells disaster not just for war memorials and other traditional, patently inoffensive uses of the Latin cross all across this country, but also (as described herein) for government maintenance of and financial support for the preservation of historically important religious sites. ”
Citizens United and Citizens United Foundation joined forces with other conservative groups, urging the Supreme Court to lift a lower court injunction that prohibits the Commerce Department from including a U.S. citizenship question in the 2020 census. Our brief contends that distinguishing between U.S. citizens and those persons in the country who are not citizens is an important consideration in fulfilling the main purpose of the decennial census, which is to determine the proper apportionment of U.S. House of Representatives seats among the states.