Liberty Counsel
Mathew Staver, Founder and Chairman
6/1/2011
Late last week, we received a request for a "supplemental
brief" from the Fourth Circuit Court of Appeals. Frankly,
I was not pleased to get that court document because it
could have meant serious delays in getting a decision
on the heart of our case.
But today, when we reviewed the Department of Justice's
answer to the appeals court's request, we realized
the DOJ actually agreed with OUR position! This is
the kind of development we are coming to expect when
tens of thousands of friends are praying for this case!
Please read more below - Mat.
Conservatives,
In a stunning development, the Department of Justice (DOJ) has
agreed with Liberty Counsel on a key issue regarding our lawsuit
challenging the Individual and Employer Mandates found in the
so-called Patient Protection and Affordable Care Act, better
known as ObamaCare.
Weeks after the oral argument on May 10th, the panel of three
judges at the Fourth Circuit Court of Appeals asked Liberty
Counsel and the DOJ to file a "supplemental brief" addressing
the question of whether the federal Anti-Injunction Act (AIA)
applies to the case, thus precluding a court of appeals from
even hearing the matter at this time.
The AIA applies to the payment of taxes and requires
the party challenging a tax to FIRST pay the tax, apply
for a refund, and then file suit if the refund is
unacceptable.
As you probably remember, while ObamaCare was being ram-rodded
through Congress, the Obama/Reid/Pelosi machine swore that
ObamaCare's individual mandates were NOT taxes. In passing
the Act, Congress explicitly stated that it was doing so under
the Commerce Clause, and not creating a new tax.
In court however, Eric Holder's Department of Justice
has argued that these mandates ARE taxes and that
Congress has a constitutional right to levy taxes.
The "tax" issue brought by the DOJ prompted the court to
request supplemental briefings from all parties on whether
the AIA law would prohibit an appellate court from hearing
the ObamaCare case until an actual tax had been paid.
If so, that would've pushed the case well into 2014 -
well after the 2012 elections and three more years
into ObamaCare's implementation process!
We worked through the Memorial Day weekend to meet the court's
deadline for submission of the supplemental brief. Yesterday,
we filed our brief arguing, in essence, that the AIA does
not apply because it only addresses the payment of taxes,
while the exactions in ObamaCare's mandates are penalties,
not taxes, and that the appeals court should decide on
the merits of the case.
++Prayer changes things!
Here is the shocker: The U.S. Department of Justice
was also requested to file a supplemental brief,
and their brief, like ours, contended that the
AIA does NOT apply and the court should address
the merits!
This was amazing news! That means both sides agree
on this potentially sticky point and that the court
will most likely drop the issue. We now expect a
ruling by the end of the month, most likely on
the merits of the case. From there the case is
expected to be appealed to the U.S. Supreme Court.
This was an inexplicable turn-around by the DOJ that I
can only attribute to the fact that over 75,000 people
are praying for these judges, our adversaries, the entire
deliberation process, and Liberty Counsel's Litigation Team!
++We remain on high-level alert.
My litigation team is perpetually on stand-by when this
type of quick response is required by a federal court.
We were ready for the request from the judges when it
came, even at an unexpected time. What we were NOT
expecting was agreement on our view by Attorney General
Eric Holder's Department of Justice!
God has been working throughout this process and we
feel greatly encouraged by the prayers and support
from our Liberty Counsel Team.
++You make all the difference!
Since the start of this battle against ObamaCare, I have
depended upon you and my Liberty Counsel team in many
important ways - especially for prayer. Plus, the response
to the Amici Book that you have already signed has been
phenomenal, and grew even after we had to get the book
printed for the appeals court date.
Your commemorative certificate testifying to the fact
that your name is in the Amici Book is being shipped early
next week. I am very pleased with the way they have turned
out - we wanted your certificate to convey at least a
small portion of our gratitude and appreciation of your
support in this epic battle.
As always, my team and I are thrilled that we have such a
strong foundation of support in you and those like you!
THANK YOU for continuing to be a key member of the Liberty
Counsel team!
Mathew Staver, Founder and Chairman
Liberty Counsel
P.S. ObamaCare is dangerous to America's seniors, and
honestly, to everyone else. We are committed to striking
ObamaCare down. Would you consider a special gift today
to undergird our preparation for moving this case beyond
the appellate level and making it ready for a hearing at
the United States Supreme Court?
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