Republican governors are folding like cheap lawn chairs,” you say. “And
political eunuchs in the GOP establishment are bowing to Obama like he bows to
foreign dictators. Any hope of repeal is long dead, and besides, Chief Justice
John Roberts put the final nail in the judicial coffin last summer, didn’t he?
Any chance of killing the Obamacare zombie is gone, right?”
surprisingly, the mainstream media paid it little attention, but back in
November the U.S. Supreme Court shocked many in the legal community by granting
Liberty Counsel’s motion for a rehearing
on its multi-pronged challenge to Obamacare. The high court ordered the 4th
U.S. Circuit Court of Appeals to rehear arguments. This is extremely rare and
means, almost certainly, that Chief Justice Roberts will get another bite at
the rotten apple – this time, with a whole new quiver of legal arrows.
the Supreme Court’s directive, Liberty Counsel recently filed its brief
in the case of Liberty University v. Geithner. The Christian civil rights firm
represents Liberty University and two private individuals in this case. While
there are other legal challenges to the employer contraceptive/abortifacient
mandate, Liberty Counsel’s is the most comprehensive case pending in the
lawsuit challenges 1) the employer mandate for all employers; 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 and Obamacare
originated in the Senate.
case is the only one in the country that challenges the entire employer mandate
for all employers. Like other pending cases, Liberty Counsel’s also challenges
the so-called “Preventative coverage” mandate, which requires employers to
provide free contraceptives, sterilization, abortion-inducing drugs and IUDs,
of which the latter two cause abortion.
Obamacare compels individual citizens to violate their conscience by making
them directly fund abortion homicide – both surgical and chemical – under
penalty of law. It forces all employees who are part of a plan that offers
abortion coverage to pay $1 per month directly to a “free” abortion fund. There
is no opt-out provision, and information relative to which plans offer abortion
is intentionally covered-up. This too is part of the case, so don’t let anyone
tell you that Obamacare doesn’t require you to fund abortion on demand. If they
do, they’re simply lying through their triple-grande-four-pump-hazelnut-mocha-stained
Liberty Counsel’s brief argues that Obamacare is invalid because, since it’s a
tax – as the Supreme Court already ruled in June – it violates the
Constitution’s Origination Clause. To pass constitutional muster, tax bills must
originate in the House, not the Senate.
the Democrat-led Senate rammed it through in the dead of night, Christmas Eve
2009 – Senate President Harry Reid used a House bill unrelated to Obamacare,
struck all the language and the title so that only the former HR number
remained, and then inserted a new title and over 2,000 pages of job-killing,
economy-crushing, health-care-rationing compost.
Yes. Typical? No doubt. Unconstitutional? Absolutely. It’s like dropping a Ford
Pinto engine into a totaled Ferrari body, patching it up and then selling it to
some unsuspecting dupe as a “brand new Ferrari.”
America was that unsuspecting dupe.
the jig’s up. The Constitution is unambiguous on this matter: “All Bills for
raising Revenue shall originate in the House of Representatives; but the Senate
may propose or concur with Amendments as on other Bills.” Const. art. I §7, cl.
Liberty Counsel’s brief notes, “Though denominated with a House bill number,
the Act actually originated in the Senate, and therefore violates the
represents a frontal attack to religious freedom,” said Mat Staver, founder and
chairman of Liberty Counsel. “Obamacare is a train about to collide with the
fundamental right to free exercise of religion. Not only does Obamacare violate
the rights of religious employers because of its abortion mandate, it violates
the rights of individuals who oppose abortion and the rights of all employers,
religious or not.
to boot,” continued Staver, “the entire law is invalid because tax bills must
originate in the House, and Obamacare originated in the Senate.”
doctor shortages, medical-school dropouts, skyrocketing premiums, no money for
pre-existing conditions, trillions more than promised, forced taxpayer funding
of abortion, critical health-care rationing and a bankrupt nation.
to America’s fall.
eat brains. If they weren’t already dead, they’d most certainly starve to death
on the squalid diet of grey matter served-up by Obama, Reid, Pelosi and every
other cracked skull who voted to open the curtain on this unconstitutional
Obamacare freak show.
Chief Justice Roberts, whom I strongly suspect regrets voting to uphold it,
looks to have another chance to bury it once and for all.
wonder if that was his strategy all along.
sure hope so.
Matt Barber (@jmattbarber on
Twitter) is an attorney concentrating in constitutional law. He serves as Vice
President of Liberty Counsel Action.
(This information is provided for identification purposes only.)