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Late yesterday, the United States Department of Justice (DOJ) filed its Supplemental Brief at the Fourth Circuit Court of Appeals, stating that the court has jurisdiction to decide the case and should do so.

Following the argument on May 10, the panel of three judges asked the parties, which include Liberty University, the Commonwealth of Virginia, and the United States, to file a Supplemental Brief addressing three questions, namely whether the federal Anti-Injunction Act (AIA) applies to the case, thus divesting the federal courts of jurisdiction to hear the matter. The AIA applies to the payment of taxes and requires that the party challenging a tax first pay the tax, apply for a refund, and then file suit if the refund is unacceptable.

Liberty Counsel filed its Supplemental Brief on behalf of Liberty University and two private individuals, arguing that the AIA does not apply and the court should rule on the merits of the case. Liberty Counsel’s brief states: “The government cannot prevail on a claim that the mandates are taxes, since the mandates themselves are compelled purchases of a product, or penalties for failure to purchase a product, not taxes.”

The United States also argued that the AIA does not apply to this case. The DOJ wrote: “In the unique circumstances of this case, we do not believe that Congress intended a refund suit to be the sole recourse for a constitutional challenge to the minimum coverage provision.” The United States further wrote: The “legislative history supports the conclusion that Congress did not intend the AIA to prohibit pre-enforcement challenges to the minimum coverage provision.”

All agree that the federal court of appeals should address the central question of whether Congress has authority under the Constitution to mandate that every person purchase and every employer provide a government defined health insurance product. Such reach by the federal government is unprecedented and, if allowed, would leave no boundaries on the government’s power to regulate private decisions. 

Read our News Release for more details.

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