Update On Liberty Counsel's Obamacare Lawsuit

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Mathew Staver, Founder and Chairman

Liberty Counsel

The Obama administration, via Eric Holder’s Department of Justice (DOJ), has petitioned the Fourth Circuit Court of Appeals, where I recently argued, to declare our lawsuit against ObamaCare to be “moot.”
 

This is clearly a diversionary tactic designed to keep our lawsuit out of the courts until after the 2014 elections!   
 

Please see my urgent update below, which includes our aggressive response to the DOJ’s outrageously politicized petition – Mat.

Michael,

The Obama administration is once again demonstrating how its political agenda drives agencies like the Department of Justice.  

While the nation is still reeling from the revelation that the IRS was overtly discriminating against conservative groups during the 2012 election,Barack Obama has arrogantly pushed back implementation of ObamaCare’s highly unpopular “employer mandate” until after the 2014 election.

The postponement was not even the prerogative of the Executive Branch, but is solely in the power of the Legislative Branch, which passed ObamaCare into law. Subversion of the Constitution has become a regular strategy in this tyrant’s playbook!

Then, he moved last Friday to shut down the nation’s leading lawsuit against ObamaCare and its employer mandate, Liberty University v. Geithner, to ensure that liberal progressives won’t have to deal with ObamaCare being struck down in 2014.

Last Friday, the DOJ filed a letter with the federal court of appeals in Richmond, Virginia, arguing that Liberty Counsel’s case of Liberty University v. Geithner was moot and should be dismissed.

On the same day, Liberty Counsel filed a rebuttal to the DOJ, pointing out that our case is in no way moot!

If the delusional Attorney General and his DOJ thought they would get away with this deceitful ploy, they were very much mistaken.  In fact, Liberty Counsel has been getting requests from other deeply concerned employers, and we are going to file yet more lawsuits against ObamaCare!

Instead of backing down, we sense the administration’s weakness and inability to defend ObamaCare, and are pressing even harder to force them to face us toe-to-toe in court!

++This is a highly orchestrated, political effort to keep our case from being heard.

Please consider the overt manipulation that went into creating this outrageous chain of events…
 
On June 28th, the Department of Health and Human Services and the Internal Revenue Service issued the final rules regarding the requirement that forcing employers, including most religious employers, to provide contraceptives, abortifacient drugs and devices, and sterilization at no cost.

Then, on July 3rd, the White House issued a statement purporting to delay the ObamaCare employer reporting requirements for large firms until 2015.

The DOJ then quickly filed a letter with the court of appeals, arguing that the case of Liberty University v. Geithner should be dismissed for mootness.

++Liberty Counsel immediately responded, arguing that the case is not moot for several vital reasons…

First, the reporting delay pertains solely to the penalties imposed pursuant to the shared employer responsibility and not the additional $100 per employee per day penalty from a separate section that is not even subject to this delay.

This $100 fine increases to $2,500 if not cured within 30 days, and Liberty University, our client, has no intention of providing the abortifacient mandate.  Even worse, the fine increases to $15,000 per employee per day when an employer commits a violation which is more than “de minimus,” which Liberty University’s wholesale refusal to provide abortifacients would certainly be.

Second, Liberty University has the only pending case in the country that challenges the entire employer mandate and not just the HHS contraceptive-abortifacient mandate. That distinction sets this case apart from every other pending case in the country.


Third, Liberty Counsel also represents two private individuals challenging the forced payment of abortion premiums by individuals, and the “individual mandate” remains in effect without any reporting delays.

++This is a scurrilous attempt to deny justice by the Obama administration!

The administration knows the courts are trending against ObamaCare. Our case, in which Liberty Counsel represents Liberty University and two private individuals, should have a ruling from the Fourth Circuit Court of Appeals any day now.

We have been to the Supreme Court once and we are working our way back to the High Court. Because many of the Justices have signaled an interest in the issues our suit raises, I firmly believe that Liberty University v. Geithner should be included in the next session of the United States Supreme Court.

I have no doubt that Barack Obama is trying to avoid a ruling before the 2014 elections!

Michael, ObamaCare is a train wreck and is badly hurting the country. The Obama administration must be forced to stop playing politics with our freedom!

++We must once again directly confront Eric Holder’s attempt to derail our lawsuit!

The very fact that the President and his cronies came up with this outrageous scheme to take the “employer mandate” off the table at HHS and in the judicial system shows that they know how vulnerable ObamaCare is!

We know the DOJ doesn’t want to defend against our case honestly because they have been dodging hearing it on its merits ever since we filed it on the day ObamaCare was signed into law!

In a backhanded way, the administration has paid our lawsuit a supreme compliment by going to such extremes to avoid having to defend their healthcare monstrosity against our accurate, lawful, and just claims.

But rather than avoid us in court, as they have repeatedly attempted to do, this time the administration’s domination of the judicial system is so obvious and so blatant that I believe it will explode in their faces!

++We are fighting back in court and in the court of public opinion!

Liberty Counsel’s efforts to get ObamaCare struck down are part of a very promising strategy, both in the federal judiciary and in the hearts and minds of Americans.  But we need your ongoing help to stay in the battle.  

This battle is escalating quickly now that the administration has overplayed their hand and shown how desperate they are to avoid defending their “train wreck” healthcare law.

I also ask that you continue to pray that Liberty Counsel is successful in defeating ObamaCare. It’s obvious our adversaries in the Obama administration know that our lawsuit could derail their healthcare “reform” law once and for all!


 
God bless you for your faithfulness and thank you for helping us fight against the Obama administration’s latest dodge to avoid facing the merits of our lawsuit!   

Mathew Staver, Founder and Chairman
Liberty Counsel

P.S. Everything Barack Obama does is agenda-driven, including delaying the implementation of ObamaCare’s “employer mandate” past the 2014 elections.  This is no coincidence – it’s the result of the dangerous politicization of our regulatory bureaus and the Department of Justice.  Now they want to dodge our lawsuit altogether!  

Liberty Counsel is totally committed to aggressively fighting ObamaCare until it is struck down.  It is blatantly unconstitutional and doesn’t deserve another minute of implementation!