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Amazing update on our ObamaCare lawsuit!
Mathew Staver, Chairman Liberty Counsel Action
Liberty Counsel
9/30/2011
As you probably know, on Wednesday the Obama Department
of Justice (DOJ) petitioned the United States Supreme
Court to hear arguments on the constitutionality of
the so-called Patient Protection and Affordable Care
Law, popularly known as ObamaCare. Immediately,
media headlines trumpeted, "ObamaCare going to
the Supremes"!
Two of the appellate decisions specifically mentioned
in the DOJ petition are the 11th Circuit ruling that
the "individual mandate" at the core of ObamaCare
is unconstitutional, and the 4th Circuit ruling
(our case) that the penalties under the law are
actually a "tax" and therefore not reviewable until
the first so-called "taxes" would be paid.
As we have known for some time, we remain at the
epicenter of the legal battle against ObamaCare's
outrageous government take-over of our nation's
medical system! Please read this very urgent
update - Mat.
I've been asked many times this week how I think the recent
news about the DOJ's appeal impacts our lawsuit against
ObamaCare.
There was never any doubt that the Supreme Court
would be the final arbiter of the constitutionality
of ObamaCare. But only the Lord could have thrust
our lawsuit to the very heart of the final legal
disposition on the healthcare "reform" law!
The short answer to questions about our lawsuit is that we
still fully expect "Liberty University v. Geithner" to be
heard by the United States Supreme Court. This expectation
is based on our case's unique content and the fact that
the 4th Circuit chose to reintroduce questions about
whether the proper understanding of certain payments
Americans will make under the law are "taxes" or "penalties."
That's why our case must be resolved before the
Supreme Court can rule on the merits of the case
and why our case is positioned at the heart of
ObamaCare's progress through the federal justice
system!
But before further considering the vital role you and I are
blessed to play in stopping ObamaCare, I want you to
consider some of the law's recent history...
++ObamaCare's "slow walk" is now quickly accelerating!
In August, three 11th Circuit Court judges in Florida ruled
against Eric Holder's Department of Justice (DOJ) by deeming
the bill's individual mandate to be unconstitutional.
This particular case was filed by 26 states and
the National Federation of Independent Businesses
(NFIB).
Earlier this week, the DOJ announced that it was not going
to petition all 11 judges of the 11th Circuit Court of
Appeals to review "en banc" the decision of the three-judge
panel, thus signaling that they would likely appeal to the
Supreme Court.
As I've shared with you before, the Fourth Circuit
Court of Appeals in Richmond issued a 2-1 adverse
ruling regarding our case against ObamaCare.
In our case, the judges ruled that the individual mandate
is a "tax" under the Anti-Injunction Act (AIA), and thus
the court does not have jurisdiction to rule on the merits
until the "tax" is paid and a "refund" is sought by a
taxpayer. Thus, according to the appeal court's logic, the
case could not even be brought to the federal courts until
the mandate becomes effective in 2014.
This ruling goes against every court in America that has
so far considered ObamaCare! Every other court has found
that the mandate is a "penalty," not a tax, and that the
AIA does not apply.
Even the DOJ argued that the AIA does not apply and that
the statutory intent clearly indicates that the AIA was
inapplicable!
Yet in spite of the agreement on this "tax" fact
between the DOJ and us, two judges at the Fourth
Circuit obviously decided differently.
++Now, the Supreme Court must rule on the "tax or penalty"
issue.
In their controversial ruling, the 4th Circuit forced
the hand of the Supreme Court to determine if the mandate
is a tax or not. Therefore, my team has been working
through the details of our Supreme Court appeal - which
now has to reflect the appellate court's surprising "tax"
ruling.
That's why I urgently need your help right now, even if
you have supported our litigation against ObamaCare before.
For now, our appeal to the Supreme Court is of paramount
importance. And it comes at a time when our team here at
Liberty Counsel is facing enormous financial and legal
pressure on many other fronts.
This situation compels me to ask for your financial help.
Would you send a special gift today to help us mount the
best possible presentation to the Supreme Court while
continuing to fight many other important battles?
Please click here now to help us with a gift of any amount:
http://www.libertyaction.org/r.asp?U=51796&CID=310&RID=32714356
++Our Fourth Circuit ruling may have been a miracle in disguise.
In early May, as I entered the courtroom of the Fourth
Circuit, I was carrying our "Amici Book." If you will
remember, the book was filled with over 76,000 names of
people who had committed to pray for us that day in June
and throughout this process (Note: Although we haven't
requested further signers, there are now well over 80,000
concerned Americans who have committed to pray for our lawsuit
against ObamaCare).
Now, as I look back over these events, I CLEARLY see God's
providential hand guiding the process and blessing our
strategies! And I expect nothing less than His blessing
as we move forward.
I know that God's people were praying that day
and throughout this process. I also feel that
the ruling by the appeals court and the DOJ's
appeal has all but assured that our case will be
closely considered by the Supreme Court.
Further, I believe the Lord has uniquely prepared
Liberty Counsel for this season in our nation's
history. I believe that God is bigger than all of
this - and that our 4th Circuit ruling and the DOJ's
appeal certainly didn't take Him by surprise!
The Lord has continually honored our work and the
prayers of His people. The evidence of that is
quite clear!
Everything that has gone before was designed to get us to
this point in the best possible position. Now, we are
carefully considering how to maximize the impact of our
appeal filing and how to best prepare for what is before us.
As a result, I must continue to invest every available legal
resource to craft our appeal. We must answer the dangerous,
evasive ruling from the appellate court in the best possible
manner.
Will you please consider making a special
tax-deductible gift right now to Liberty Counsel so
we can successfully appeal the Fourth Circuit's
out-of-step decision and STOP ObamaCare once and for
all? This is moving very quickly since the DOJ filed
its appeal and has specifically mentioned our case in
their petition!
Please go here to help:
http://www.libertyaction.org/r.asp?U=51797&CID=310&RID=32714356
If you prefer to send a check today, please go here:
http://www.libertyaction.org/r.asp?U=51798&CID=310&RID=32714356
Given this rapidly developing situation, can I count on your
help? Please prayerfully consider how you can support Liberty
Counsel as we advance our crucial ObamaCare case and continue
other vital efforts.
Thank you in advance for your continuing partnership with
Liberty Counsel and may God richly bless you!
Mathew Staver, Founder and Chairman
Liberty Counsel
P.S. Recent developments have reinforced my firm belief that
our case against ObamaCare will be heard by the Supreme Court.
Please help Liberty Counsel press forward as we prepare to
take our case to the nation's High Court!
Go here to send immediate help:
http://www.libertyaction.org/r.asp?U=51799&CID=310&RID=32714356
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Liberty Counsel, with offices in Florida, Virginia and
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Liberty Counsel . PO Box 540774 . Orlando, FL 32854 .800-671-1776
Oc.t 1, 2011