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ObamaCare lawsuit going to Supreme Court!
Mathew Staver, Chairman Liberty Counsel Action
July 12, 2013
7/12/2013
This is breaking news – and it may be contrary to what you are hearing in the media.
In a ruling released Thursday, the Fourth Circuit Court of Appeals has cleared the way for our lawsuit against ObamaCare to go to the Supreme Court!
The media is likely to paint this decision as a loss for those opposing ObamaCare, but that is far from being the case! Please see my important update below – Mat.
On Thursday, the Fourth Circuit Court of Appeals in Richmond cleared the way for Liberty Counsel’s lawsuit against the Affordable Care Act (ObamaCare), Liberty University v. Geithner, to proceed to the United States Supreme Court.
The court reached the legal issues and did not dismiss the case on procedural grounds. The court agreed with Liberty Counsel on the procedural questions at issue: Liberty University and the individual plaintiffs have legal standing to bring the case, and the Anti-Injunction Act (AIA) does not bar the case from being heard.
Those aspects of the ruling were real progress from the last time this three-judge panel (two appointed by President Barack Obama and one by President Bill Clinton) ruled on our case!
However, the court (quite incorrectly) concluded that Congress had authority under the Commerce Clause to pass the employer mandate.
The Supreme Court decided just months ago that the individual mandate cannot be upheld under the Commerce Clause because Congress cannot force people to buy an unwanted product. But this court of appeals somehow decided that Congress can force employers to buy an unwanted product!
As I have been saying to media outlets across the nation since learning of the Fourth Circuit’s ruling, I greatly look forward to bringing this matter before the Supreme Court!
++Liberty Counsel’s case is the only one in the country that challenges the entire employer mandate.
Because the case was filed before the HHS mandate was enacted, the appeals court did not consider this issue. Liberty Counsel may file a separate suit against the HHS mandate, but we are already working on our petition to the United States Supreme Court, asking the Court to hear our challenge to the entire employer mandate.
If we are successful in striking down the employer mandate, it will benefit both religious and nonreligious employers.
The petition will also include the claim that the forced funding of abortion violates the free exercise of religion and the Religious Freedom Restoration Act with respect to individuals.
Unlike the individual mandate, the employer mandate exceeds Congress’s enumerated powers because it would impose a heavy burden upon employers.
The penalties, which can be up to $15,000 per day per employee, are so punitive that they will not be upheld under the Taxing and Spending Clause. Noncompliance would result in millions of dollars in fines annually. These excessive fines constitute an impermissible penalty.
++Our case offers real hope for dismantling ObamaCare!
After President Obama’s politically motivated delay strategy was announced, postponing the IRS enforcement of the employer mandate to 2015, Eric Holder’s Department of Justice petitioned the Fourth Circuit to dismiss our case, calling it “moot”!
With today’s ruling, it is apparent that these judges do not consider our case to be “moot!”
I believe Liberty Counsel’s lawsuit against ObamaCare is America’s best hope to end the federal takeover of our healthcare system and its deadly impact on our culture!
Our legal battle against ObamaCare is among the most significant pieces of litigation ever fought in the United States federal courts and Liberty Counsel’s lawsuit is now at the forefront of all judicial efforts to have the law overturned!
Patrick, I need you to stand with my team and me once again by sending a special gift today to help us advance this lawsuit to the High Court. I believe several Justices want our case to be heard there. I also believe we have a very strong chance of winning. Please, give to the best of your ability:
Thank you in advance for your prayer support and continuing financial partnership with Liberty Counsel. May God richly bless you!
Mathew Staver, Founder and Chairman
Liberty Counsel
P.S. The Fourth Circuit Court of Appeals has cleared the way for our lawsuit against ObamaCare to go to the Supreme Court. I am, to say the least, excited to have this opportunity!
ObamaCare will impact every business, healthcare facility, health insurer, and, most importantly, every individual in America. It is a law of broken promises and unconstitutional and immoral mandates. It is a complete train wreck caused by misplaced socialist zeal coupled with incompetent administration. It is badly hurting our country.
Please, help us to stand against this lawless administration and achieve the ultimate victory in defeating ObamaCare once and for all. We can only do this with your support! God bless you!
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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