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We're knocking on the Supreme Court's door!

Mathew Staver, Chairman Liberty Counsel Action

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10/11/2011

      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