Mathew Staver, Founder and Chairman

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

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

 

Oc.t 1, 2011