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ObamaCare Challenge - A New Day in Court?

Mathew Staver, Founder and Chairman Liberty Counsel

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nOV. 3, 2012

We are just days away from one of the most important elections of our lives – and, once again, I cannot urge you enough to get out and vote your values!

 

But, as a valued friend of Liberty Counsel, I must take a moment and give you an important update on an amazing development in our lawsuit against ObamaCare. The Department of Justice has agreed with us that our ObamaCare law suit should have another day in court!

 

The Supreme Court will soon announce its decision on whether Liberty Counsel’s case against ObamaCare will be reheard, and with no opposition, it seems likely our case will be sent back to the Fourth Circuit Court of Appeals in Richmond, VA, for rehearing!

 

We need your prayers – and our nation needs your prayers – that this litigation will continue to enjoy God’s favor.  We have already seen His mighty hand at work!  Please see my very important update below – Mat.

Dr. Jerry Falwell wrote…

You may be aware of recent news that was broadcast by Fox News, the Drudge Report, Politico, the Associated Press, and many other leading news outlets…

Last month, the U.S. Supreme Court opened its new term and immediately directed the Department of Justice to respond to the question of why Liberty Counsel’s case against ObamaCare, Liberty University et. al. v. Geithner, should not be reheard by a federal appeals court.

The High Court directed the federal government to respond to our Petition for Rehearing within 30 days.

The U.S. Department of Justice has now informed the Supreme Court that it does not oppose our petition for rehearing the case!   

++Here’s some important background information…

If you recall, the Fourth Circuit Court of Appeals in Richmond, VA, ruled that the Anti-Injunction Act (AIA) barred them from addressing the merits in our case, which challenged the individual mandate and the employer insurance mandates of ObamaCare, among other key components of the law.  ObamaCare’s  unconstitutional violation of the Free Exercise of Religion under the First Amendment is also included in our case.

Then, as you probably know, the Supreme Court ruled in June 2012 that the AIA does not apply to ObamaCare, overruling the appeals court’s decision on our case. In fact, our case involving the AIA became the subject of the first day of the oral argument before the Supreme Court.

Further, the Supreme Court did not rule on our challenge that ObamaCare infringes on the free exercise of religion because of the forced abortion funding – nor did the Court rule on the requirement that employers provide health insurance or pay a penalty.

In other words, vital parts of our lawsuit were not ruled on by the appeals court or the Supreme Court!  

That’s why we asked the Court to grant a rehearing, to vacate the ruling of the Court of Appeals, and to send the case back to the appellate level to consider the Free Exercise claim and the employer mandate, neither of which were decided at the Supreme Court.

Now, the DOJ has actually agreed with our petition!

If the Court grants the request, now unopposed, then Liberty University v. Geithner will be the first case in the nation in which a federal court of appeals would consider challenges to the employer mandate and the Free Exercise of Religion claim. The case could then go back to the Supreme Court in 2013.

++This may be a true God-send!

ObamaCare is the biggest funding of abortion in American history.  Under the Health and Human Services (HHS) mandate, ObamaCare will for the first time require employers and individuals to directly fund abortion.

As you know, this “abortion mandate” directly collides with religious freedom and the right of conscience.  Scores of new lawsuits were filed against ObamaCare when its abortion mandate and violation of other “conscience rights” collided with religious institutions and their many charitable outreaches.  

Right now, I am asking for prayer on the part of all friends of Liberty Counsel for our case. I believe that it has been the prayers of our partners that have kept Liberty Counsel on the forefront of the attempts to end this healthcare monstrosity!

We firmly believe that we will win this case, but it can’t be successful without the help of friends like you!

 

We know that when we show up for a court battle undergirded by your prayers and support, we win over 92% of the time.

Liberty Counsel must be ready to reengage the battle against ObamaCare and the assaults on our fundamental freedoms by any government or private entity – but we can only do it with your help!

In addition to prayer, will you also consider making a tax-deductible gift right now so our team can continue to fight against the attacks of overreaching government, the ACLU, and the activities of other radical groups?

Your financial support will help keep our legal team engaged in stopping radical federal, state, and private bullies from criminalizing Christianity and it will enable Liberty Counsel to advance key legal positions and public policy initiatives in which we are engaged.  

And, of course, our lawsuit against ObamaCare could well be the most important legal action in the nation if it is remanded, as we expect, for rehearing at the Fourth Circuit.

 

Please consider a special gift to Liberty Counsel of any amount to meet this critical need as we stand in staunch defense of life, religious liberty, and family.  This case has been time consuming and costly. Click here to give your special gift:

www.libertyaction.org/1310/offer.asp

Please, continue to stand with Liberty Counsel through prayer and financial support for our many efforts.  And don’t let ANYTHING keep you from voting on Election Day!

Thank you and God bless you,

Mathew Staver, Founder and Chairman

Liberty Counsel

P.S. We face very formidable adversaries – but we know that we can win when we are undergirded by your prayers and financial support.  I firmly believe that God has raised Liberty Counsel up for such a time as this and has given us another opportunity to defeat ObamaCare in court!  

Please stand with the Liberty Counsel litigation team by committing your financial support – today if at all possible. I promised we would not give up on this lawsuit, and now reiterate that we will not rest until ObamaCare is stopped!

www.libertyaction.org/1310/offer.asp

 

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Liberty Counsel, with offices in Florida, Virginia and Washington, D.C., is a nonprofit litigation, education and policy organization dedicated to advancing religious freedom, the sanctity of human life and family.  Liberty Counsel . PO Box 540774 . Orlando, FL 32854 .800-671-1776

 

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