Forty-nine members of Congress, including House Speaker John Boehner and House Majority Leader Eric Cantor, have signed on to a brief asking the 4th U.S. Circuit Court of Appeals to throw out President Obama’s health care law as unconstitutional.

The American Center for Law and Justice (ACLJ) submitted the brief in support of Virginia’s lawsuit challenging the law. In December, U.S. District Judge Henry Hudson struck down the health care law’s “individual mandate” provision that requires all citizens to purchase health care insurance or be fined. The 4th Circuit will consider the case in May.

“As the legal challenges to ObamaCare move forward, there’s one central argument that we’re confident will win the day — the mandate forcing individuals to purchase health care insurance is unconstitutional,” said Jay Sekulow, chief counsel of the ACLJ.

“We believe the federal district court should have gone one step further in declaring the entire health care law — not just the individual mandate — unconstitutional. That’s what we’re asking the appeals court to do.”

The brief reads, in part: “The Commerce Clause does not authorize Congress to regulate the inactivity of American citizens by requiring them to buy a good or service (such as health insurance) as a condition of their lawful residence in this country.”

Rep. Jeff Landry, R-La., added his name to the brief.

“One year ago, the liberals in Congress rammed their massive government-run health care law down the throats of the American people,” he said. “The American people have made it clear that they do not want ObamaCare.

“Hopefully, a repeal bill will pass through both houses of Congress soon and the president will come to his senses to realize the American people do not want the government getting between them and their doctors.”

In November, the ACLJ filed a similar brief supporting the Florida federal lawsuit brought by 26 states and set

One year ago, President Obama signed into law the Patient Protection and Affordable Care Act (H.R. 3590), more commonly known as the health care law. Then, just as now, the health care law not only lacked the broad support of the American people, but was seen by many as an unprecedented Washington takeover of your health care

Buried in the over 2,000 pages that comprised the bill were numerous new regulations, mandates, and government bureaucracies. In addition to creating 159 new boards, commissions, and other government bureaucracies, the health care has imposed onerous government regulations that will negatively affect job creation in America.

For example, one such regulation is the 1099 reporting requirement. This provision requires businesses to issue a Form 1099 tax form for any payments that exceeds $600 annually. Time and time again Texas businessmen asked me to do away with this requirement, as it would impose an unnecessary burden on small businesses, tying up their resources with filling out paperwork that could be used to create jobs by growing their business. The National Federation of Independent Business said it best; this provision will have a “direct negative impact on small businesses.”

This provision, and many others, is causing small businesses and job creation to be hurt by the health care law. Many small businesses are being faced with the difficult reality of either firing current employees or abandoning plans to hire additional employees because of the costs associated with complying with the health care law. At a time when millions of Americans are unemployed, Washington should not be a stumbling block to job creation.

Another major concern with the health care law has been the effect on senior citizens. Seniors already have difficulty obtaining access to health care because of issues associated with Medicare reimbursement levels. The health care law has only worsened the access problem seniors already faced, as it cuts approximately half a trillion dollars in Medicare spending to pay for new spending and not to shore up the solvency of Medicare. Some Medicare providers have indicated that they are no longer accepting Medicare patients, and many more not accepting any new Medicare patients. This situation underscores that just because Americans have health care coverage, it does not equal health care access. The health care law also hurts American families’ budgets. The Congressional Budget Office estimates that health insurance premiums will rise by $2,100 per American family compared to what it would have cost in 2016 without passage of the health care law. In these difficult economic times American families were already struggling to pay their health care premiums, mortgages, and other expenses. Why would Washington pass a law that hurts their family budgets?

One of the reasons I came to Congress is to repeal and replace the health care law with common sense solutions, like meaningful medical liability reform and letting Americans purchase health care coverage across state lines. In February, the House of Representatives considered legislation (H.R. 2) to repeal the health care law. I strongly supported this legislation when it passed the House, but it has failed to advance in the United States Senate where Democrats are the majority party. According to a recent Rasmussen poll, 53% of likely voters favor repealing the health care law. Despite this fact, the Senate and the White House have so far refused to act. I will continue to be your voice in Congress and steadfast in my support of efforts to repeal and replace the health care law.

The following is reprinted from the Family Research Council.

With the exception of one or two Senators, the GOP knew how this vote would pan out. But even in defeat, Republicans didn’t leave the roll call empty-handed. The GOP has something today that it didn’t have last week–every single Senate Democrat on record admitting that they haven’t learned from their mistakes. Not one of them listened to Sen. Mitch McConnell’s (R-Ky.) plea to reconsider. “…[W]e have an opportunity today, an opportunity for all those who supported the health law, it’s an opportunity to reevaluate your vote, to listen to your constituents who are desperately trying to get your attention. You can say perhaps this was a mistake, we can do this better, or you can continue to dismiss the majority of the people in this country as not knowing what they’re talking about. It’s not every day you get a second chance on a big decision after you know all the facts. Today is one of those days.”

It was the Left’s $2.5 trillion do-over. And not one of them seized it. Unfortunately for them, the same results in Congress often mean the same ones in the ballot box. Only this time, voters will have the weight of 28 state lawsuits on their side and 38 state legislatures, all fighting to water down the law.

In the meantime, let’s hope Republicans don’t take the bait to “fix” it. As part of Wednesday’s business, the GOP also voted to repeal a provision in ObamaCare called the 1099. It’s an unpopular part of the law that requires businesses to file more paperwork on their health care expenses. Both parties wanted to eliminate it. Yesterday, by a vote of 81-17, they did. But not everyone was happy about it. As I said yesterday, the fewer “improvements” Congress makes to the law, the better. “Tinkering with ObamaCare undermines both the lawsuit against ObamaCare and the effort for full repeal,” Erick Erickson wrote on RedState. “…[D]oing this, instead of keeping the pain in place until ObamaCare is repealed, makes the pain less and less. And as the pain becomes less and less… it becomes less and less likely that ObamaCare will actually get repealed.” The bill is so full of “painful” and oppressive measures, that only full repeal and starting again will guarantee a more constitutional process.

Apparently, some Republicans aren’t getting that message. Sens. John Barrasso (Wy.) and Lindsey Graham (S.C.), both well-intentioned, have introduced legislation to allow states opt-out of the individual mandate portion of the health care law. If it succeeds, the biggest constitutional barrier to ObamaCare will be destroyed, and the next court will hang the law like an albatross around America’s neck.