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We're knocking on the Supreme Court's door!
Mathew Staver, Chairman Liberty Counsel Action
It happened Monday. Liberty Counsel filed a petition
with the U.S. Supreme Court, requesting that the High
Court review the ruling of the Fourth Circuit Court
of Appeals on our lawsuit against the so-called
Patient Protection and Affordable Care Act, commonly
known as ObamaCare.
This morning, the uniqueness of our lawsuit against
ObamaCare was a headline story on Fox News. Please
read my urgent update below - Mat.
My Liberty Counsel team has been intensely and meticulously
preparing for today's historic filing for over 18 months.
With each stage of our battle against ObamaCare, our
anticipation heightened.
Our aggressive lawsuit against the ObamaCare healthcare "reform"
bill, which began on the same day this outrageous statist
power grab was signed into law at the White House, is now
entering its final phase. ObamaCare's fate will now, finally,
be decided at the U.S. Supreme Court!
This misguided and unprecedented law has caused great confusion
in our judicial system and has already badly stunted our economy.
Employers will simply not hire when future healthcare costs
remain uncertain! ObamaCare brings an unheard of expansion
of the federal government's power to micromanage personal
choices and it is a certified job killer!
Worst of all, ObamaCare is unquestionably unconstitutional.
If Congress has the power to FORCE each person to
purchase health insurance, then individual liberty
is totally meaningless.
As we have known for some time, Liberty Counsel is at
the epicenter of the legal battle against this tyrannical
take-over of our nation's medical system. But only
the Lord could have thrust our lawsuit to the very
heart of the final legal disposition on the so-called
healthcare "reform" law!
++ ObamaCare's recent history.
On September 8th, well after hearing our case, a divided Fourth
Circuit Court of appeals in Richmond, Virginia, ruled that
the mandate is a "tax," and the federal Anti-Injunction Act
(AIA) prohibits the court from ruling on the merits of our
case until the "tax" is paid and a refund sought by the
taxpayer.
Thus, according to the court's logic, our case could not be
brought until the mandate becomes effective in 2014. Every
court which has considered this question before has found that
the mandate is a "penalty," not a "tax," and that the AIA
does not apply.
Even our adversaries from the Obama Department of
Justice argued that the AIA does not apply and that
the statutory intent clearly indicated that the AIA
was inapplicable.
++Expect the Court to accept an ObamaCare case soon.
It is almost certain that the High Court will accept one or
more cases involving ObamaCare. It is likely the Court will
accept the Florida case brought by 26 States and the National
Federation of Independent Businesses (NFIB), because in that
case, the "individual mandate" was struck down at the
appellate level.
But it is also likely the Court will accept the "Liberty
University v. Geithner" case (our lawsuit), because the
"tax versus penalty" issue must be decided before the Court
can rule on the merits, and our case has the only challenge
to the constitutionality of an "employer mandate" another
key issue that must be resolved.
Either way, a ruling is expected before the end of June
2012 - right in the midst of President Obama's reelection
campaign!
++ Get a signed copy of our actual Supreme Court petition!
As a valued Liberty Counsel team member, I want you to have a
signed copy the cover page of our actual Supreme Court petition.
Why? Because I believe that this memento of our historic
petition will help remind you, as one of our faithful
team members, to pray for my team and me as we enter
this final, decisive phase of our battle against
ObamaCare.
I learned this valuable lesson in early May as I
entered the courtroom of the Fourth Circuit Court
of Appeals. I was carrying our "Amici Book" filled
with over 76,000 names of people who had committed
to pray for us that day and throughout this process.
Now, as I look back over these events, I CLEARLY see God's
providential hand guiding us and blessing our strategies! And
I expect nothing less than His blessing as we move forward!
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
the torturous events in the over two-year battle
to STOP ObamaCare - and that the 4th Circuit's 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. We must now be able to
answer the call from the paradoxical, evasive ruling of the
appellate court in the best possible manner.
Please go here to make a special gift of any amount. For your
gift of $30 or more, I will send you a personalized, signed
copy of our actual Supreme Court petition cover page.
Go here to make your gift and to see the actual petition:
http://www.libertyaction.org/r.asp?U=52446&CID=310&RID=32714356
If you prefer to send a check today, please go here:
http://www.libertyaction.org/r.asp?U=52447&CID=310&RID=32714356
It is possible that our case could be the first to
be heard by the U.S. Supreme Court and the first to
strike a legal death blow against the heinous
ObamaCare law.
And...
I am fully confident that we have the law and legal
precedent on our side to have our case heard and
to achieve a sweeping rejection of ObamaCare's
unconstitutional mandates.
As you know, this 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 continues to require that I 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,
to read the actual appeal to the High Court, and to obtain
your personalized, signed copy of our actual Supreme Court
petition cover page when your gift is for $30 or more:
http://www.libertyaction.org/r.asp?U=52448&CID=310&RID=32714356
Thank you, as always, for your partnership with Liberty
Counsel and may God richly bless you!
Mathew Staver, Founder and Chairman
Liberty Counsel
P.S. Yesterday we filed our petition to the U.S. Supreme
Court to hear our case against ObamaCare. I believe our
case will be heard by the High Court. Even the Department
of Justice has suggested it! Please help Liberty Counsel
press forward as we diligently prepare to take our case to
the nation's High Court!
Go here to send immediate help:
http://www.libertyaction.org/r.asp?U=52449&CID=310&RID=32714356
+ + Comments? Questions?
http://www.libertyaction.org/r.asp?U=52450&CID=310&RID=32714356
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