Federal Health Insurance Law Faces First Challenge at Court of Appeals Tomorrow

May 9, 2011

www.LC.org

Richmond, VA – The oral argument in Liberty University v. Geithner will be heard tomorrow at the U.S. Court of Appeals for the Fourth Circuit at 1000 East Main Street, Richmond, Virginia, at 9:30 a.m. ET. A press conference will be held immediately following the arguments. The courtroom is open to the public and overflow seating will be available. Audio for the case will be available online by 2:00 p.m. on Tuesday at http://www.ca4.uscourts.gov/.

Representing Liberty University and two private individuals, Liberty Counsel’s case is the first private case filed as a federal lawsuit against the healthcare law. The federal lawsuit was filed by Liberty Counsel on March 23, 2010, the same day President Obama signed the healthcare bill into law. Additionally, the Liberty Counsel case represents the first challenge to the healthcare law to be argued at the appellate level. Following the argument presented by Mat Staver, the court will hear argument in the separate case of Commonwealth of Virginia v. Sebelius. Liberty University’s case challenges both the individual and employer mandates. The Commonwealth of Virginia challenges the individual mandate but not the employer mandate. 

Mathew D. Staver, Founder of Liberty Counsel and Dean of Liberty University School of Law, said: “I am looking forward to the argument tomorrow. This massive health insurance law goes beyond the outer limits of the Constitution. It is a big step toward a centralized government. The stakes riding on this lawsuit are high. This case goes beyond health insurance and is more about the role of the federal government to control private decisions and burden the free enterprise system.”

A ruling is expected later this year, and then the case will likely go to the U.S. Supreme Court for a final decision.

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