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Today, the Fourth Circuit Court of Appeals in Richmond cleared the way for Liberty Counsel’s lawsuit, Liberty University v. Geithner, against the Affordable Care Act (ObamaCare). The court reached the legal issues and did not dismiss the case on procedural grounds. The Court agreed with Liberty Counsel on the procedural questions at issue: Liberty University and the individual plaintiffs have legal standing to bring the case, and the Anti-Injunction Act (AIA) also does not bar the case from being heard.

However, the court concluded that Congress had authority under the Commerce Clause to pass the employer mandate. Liberty Counsel’s case is the only one in the country that challenges the entire employer mandate. Because the case was filed before the HHS mandate was enacted, the court did not consider this issue.

Liberty Counsel is encouraged that the court reached the merits on the employer mandate, even though the court got it wrong, because this clears the way for the case to now go to the Supreme Court. The Supreme Court concluded that the individual mandate cannot be upheld under the Commerce Clause because Congress cannot force people to buy an unwanted product. But this court of appeals has now decided that Congress can force employers to buy an unwanted product.

Continue to pray for Liberty Counsel as we bring this matter before the Supreme Court.

Read our news release for more details, and then head over to our Facebook page to let us know what you think.
 

Lord, deliver us from ObamaCare!

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Liberty Counsel does not charge clients for representation, so we depend on individuals, groups, and churches that care about advancing religious freedom, the sanctity of human life and the family. Liberty Counsel is recognized by the IRS as a 501(c)(3) tax-exempt organization that accepts tax-deductible donations. Donate or order resources by calling Liberty Counsel at 800-671-1776.