"And can the liberties of a nation be thought secure when we have removed their only firm basis, a conviction in the minds of the people that these liberties are a gift of God?" -- Thomas Jefferson

"And yet the same revolutionary belief for which our forbears fought is still at issue around the globe, the belief that the rights of man come not from generosity of the state but from the hand of God." -- John F. Kennedy

"Because of their belief that power had come from God to each individual, the Framers began the Constitution with the words 'we the people'" -- Newt Gingrich

"There's never been a nation like the United States, ever. It begins with the principles of our founding documents, principles that recognize that our rights come from God, not from our government." -- Marco Rubio


Thursday, August 8, 2013

Fourth Circuit Court of Appeals Reverses Stay Decision

Liberty Counsel
NEWS RELEASE
Contact: PUBLIC RELATIONS DEPARTMENT - 800-671-1776 or Media@LC.org
FOR IMMEDIATE RELEASE: August 8, 2013

Richmond, VA—Yesterday, the Fourth Circuit Court of Appeals issued two conflicting orders in Liberty Counsel’s ObamaCare case, Liberty University v. Lew (formerly called Liberty University v. Geithner). The court of appeals first issued a stay of the Mandate. But, last evening, the same court reversed itself and issued another order denying the stay of the Mandate. “Denying a stay while awaiting a petition for cert is not unusual, but it is unusual that conflicting orders are sent on the subject. The conflicting orders from the court of appeals do not have any relevant bearing on this case. We are preparing the petition to ask the Supreme Court to review the case,” said Mat Staver, Founder and Chairman of Liberty Counsel.

Liberty Counsel is preparing a petition for cert for the Supreme Court, which will be delivered this fall. Liberty Counsel’s challenge to ObamaCare is the most comprehensive case pending, challenging (1) the employer mandate; (2) the abortion mandate for religious employers; (3) the abortion mandate for individuals; and (4) the entire law because tax bills must originate in the House.

In the cert petition due in early October, Liberty Counsel will argue that the employer mandate violates the Commerce Clause. As Congress lacks authority to force individuals to buy an unwanted product, so Congress cannot force employers to buy an unwanted product. And, unlike the individual mandate, which the High Court ruled was a tax, the employer mandate exceeds Congress’s taxing powers because the penalties go beyond reasonable taxing limits and are punitive. The case also challenges the employer and individual mandate provisions as violations of religious free exercise because they force employers to provide abortion-inducing drugs and many individuals to fund abortion.

Liberty Counsel’s case is the only one in the country that challenges the entire employer mandate. “If we are successful in striking down the employer mandate, it will benefit both religious and nonreligious employers,” Staver said.

Liberty Counsel is an international nonprofit litigation, education, and policy organization dedicated to advancing religious freedom, the sanctity of life, and the family since 1989, by providing pro bono legal assistance and representation on these and related topics.
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