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Richmond, VA - Today, the Fourth Circuit Court of Appeals in Richmond, Virginia set briefing and oral argument dates in the ObamaCare case of Liberty University v. Geithner. Liberty Counsel represents Liberty University and two private individuals in this case. On November 26, 2012, the U.S. Supreme Court directed the Fourth Circuit Court of Appeals to rehear the case. Liberty Counsel's brief is due February 27 and oral argument will occur the week of May 14-17. The Court directed briefing on the following issues:

• Whether, in light of Nat’l Fed’n of Indep. Bus. v. Sebelius, 132 S. Ct. 2566 (2012), the Anti-Injunction Act, 26 U.S.C. § 7421(a), bars this challenge to the Affordable Care Act’s employer mandate, 26 U.S.C. § 4980H;
• Whether, in light of NFIB, the employer mandate exceeds Congress’ powers under the Commerce, Necessary and Proper, and Taxing and Spending Clauses; and
• Whether and how any developments since the previous briefing in this case may affect the constitutionality of the individual mandate, 26 U.S.C. § 5000A, and the employer mandate under the Free Exercise, Establishment, and Equal Protection Clauses.

In 2010, Liberty Counsel filed the first private lawsuit against ObamaCare on the day it was signed by President Obama. In 2011, the Fourth Circuit ruled that the Anti-Injunction Act (AIA) barred the court from addressing the merits in the Liberty University case, which challenged the individual mandate (Section 1501) and the employer insurance mandate (Section 1513) of ObamaCare. In addition to the constitutional arguments that Congress lacked authority to pass the law, the suit also raised Free Exercise of Religion and Religious Freedom Restoration Act claims because of forced abortion funding with respect to employers and individuals.

“I am very pleased that we now have a briefing and argument schedule. Time is of the essence to block the ObamaCare mandate from colliding with the free exercise of religion. July 1 is the due date for many annual insurance plan renewals and that is when the forced abortion funding mandate will hit most employers. Our case challenges the entire employer mandate along with the forced funding of abortion in both the employer and individual mandates. ObamaCare is a gross snub to constitutional liberties. It is an offense to our basic freedoms," said Mat Staver, Founder and Chairman of Liberty Counsel.

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