6/1/2011

 

Late last week, we received a request for a "supplemental brief" from the Fourth Circuit Court of Appeals. Frankly, I was not pleased to get that court document because it could have meant serious delays in getting a decision on the heart of our case.

 

But today, when we reviewed the Department of Justice's answer to the appeals court's request, we realized the DOJ actually agreed with OUR position!  This is the kind of development we are coming to expect when tens of thousands of friends are praying for this case! Please read more below - Mat.

 

In a stunning development, the Department of Justice (DOJ) has agreed with Liberty Counsel on a key issue regarding our lawsuit challenging the Individual and Employer Mandates found in the so-called Patient Protection and Affordable Care Act, better known as ObamaCare.

 

Weeks after the oral argument on May 10th, the panel of three judges at the Fourth Circuit Court of Appeals asked Liberty Counsel and the DOJ to file a "supplemental brief" addressing the question of whether the federal Anti-Injunction Act (AIA) applies to the case, thus precluding a court of appeals from even hearing the matter at this time.

 

      The AIA applies to the payment of taxes and requires

      the party challenging a tax to FIRST pay the tax, apply

      for a refund, and then file suit if the refund is

      unacceptable.

 

As you probably remember, while ObamaCare was being ram-rodded through Congress, the Obama/Reid/Pelosi machine swore that ObamaCare's individual mandates were NOT taxes. In passing the Act, Congress explicitly stated that it was doing so under the Commerce Clause, and not creating a new tax.

 

      In court however, Eric Holder's Department of Justice

      has argued that these mandates ARE taxes and that

      Congress has a constitutional right to levy taxes. 

 

The "tax" issue brought by the DOJ prompted the court to request supplemental briefings from all parties on whether the AIA law would prohibit an appellate court from hearing the ObamaCare case until an actual tax had been paid.

 

      If so, that would've pushed the case well into 2014 -

      well after the 2012 elections and three more years

      into ObamaCare's implementation process!

 

We worked through the Memorial Day weekend to meet the court's deadline for submission of the supplemental brief. Yesterday, we filed our brief arguing, in essence, that the AIA does not apply because it only addresses the payment of taxes, while the exactions in ObamaCare's mandates are penalties, not taxes, and that the appeals court should decide on the merits of the case.

 

++Prayer changes things!

 

      Here is the shocker: The U.S. Department of Justice

      was also requested to file a supplemental brief,

      and their brief, like ours, contended that the

      AIA does NOT apply and the court should address

      the merits!

 

      This was amazing news! That means both sides agree

      on this potentially sticky point and that the court

      will most likely drop the issue. We now expect a

      ruling by the end of the month, most likely on

      the merits of the case. From there the case is

      expected to be appealed to the U.S. Supreme Court.

 

This was an inexplicable turn-around by the DOJ that I can only attribute to the fact that over 75,000 people are praying for these judges, our adversaries, the entire deliberation process, and Liberty Counsel's Litigation Team!  

 

++We remain on high-level alert.

 

My litigation team is perpetually on stand-by when this type of quick response is required by a federal court. We were ready for the request from the judges when it came, even at an unexpected time. What we were NOT expecting was agreement on our view by Attorney General Eric Holder's Department of Justice! 

 

      God has been working throughout this process and we

      feel greatly encouraged by the prayers and support

      from our Liberty Counsel Team. 

 

++You make all the difference!

 

Since the start of this battle against ObamaCare, I have depended upon you and my Liberty Counsel team in many important ways - especially for prayer.  Plus, the response to the Amici Book that you have already signed has been phenomenal, and grew even after we had to get the book printed for the appeals court date.

 

Your commemorative certificate testifying to the fact that your name is in the Amici Book is being shipped early next week. I am very pleased with the way they have turned out - we wanted your certificate to convey at least a small portion of our gratitude and appreciation of your support in this epic battle.

 

As always, my team and I are thrilled that we have such a strong foundation of support in you and those like you! THANK YOU for continuing to be a key member of the Liberty Counsel team!

 

Mathew Staver, Founder and Chairman

Liberty Counsel

 

P.S. ObamaCare is dangerous to America's seniors, and honestly, to everyone else. We are committed to striking ObamaCare down. Would you consider a special gift today to undergird our preparation for moving this case beyond the appellate level and making it ready for a hearing at the United States Supreme Court? 

 

Please click here to make a special gift:

 

http://www.libertyaction.org/r.asp?U=42641&CID=332&RID=31193592

 

Again, thank you and God bless you!

 

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+ + Comments? Questions?

 

http://www.libertyaction.org/r.asp?U=42642&CID=332&RID=31193592

 

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