“But Republican governors are folding like cheap lawn chairs,” you say. “And political eunuchs in the GOP establishment are bowing to Obama like he bows to foreign dictators. Any hope of repeal is long dead, and besides, Chief Justice John Roberts put the final nail in the judicial coffin last summer, didn’t he? Any chance of killing the Obamacare zombie is gone, right?”
Wrong.
Not surprisingly, the mainstream media paid it little attention; but back in November, the U.S. Supreme Court shocked many in the legal community by granting Liberty Counsel’s motion for a rehearing on its multi-pronged challenge to Obamacare. The high court ordered the 4th U.S. Circuit Court of Appeals to rehear arguments. This is extremely rare and means, almost certainly, that Chief Justice Roberts will get another bite at the rotten apple – this time, with a whole new quiver of legal arrows.
Following the Supreme Court’s directive, Liberty Counsel recently filed its brief in the case of Liberty University v. Geithner. The Christian civil rights firm represents Liberty University and two private individuals in this case. While there are other legal challenges to the employer contraceptive/abortifacient mandate, Liberty Counsel’s is the most comprehensive case pending in the country.
The lawsuit challenges 1) the employer mandate for all employers; 2) the abortion mandate for religious employers; 3) the abortion mandate for individuals; and 4) the entire law because tax bills must originate in the House (and Obamacare originated in the Senate.)
This case is the only one in the country that challenges the entire employer mandate for all employers. Like other pending cases, Liberty Counsel’s also challenges the so-called “Preventative coverage” mandate, which requires employers to provide free contraceptives, sterilization, abortion-inducing drugs, and IUDs, which also causes abortion.
Additionally, Obamacare compels individual citizens to violate their conscience by making them directly fund abortion homicide – both surgical and chemical – under penalty of law. It forces all employees who are part of a plan that offers abortion coverage to pay $1 per month directly to a “free” abortion fund. There is no opt-out provision, and information relative to which plans offer abortion is intentionally covered up. This too is part of the case, so don’t let anyone tell you that Obamacare doesn’t require you to fund abortion on demand. If they do, they’re simply lying through their triple-grande,-four-pump-
Finally, Liberty Counsel’s brief argues that Obamacare is invalid because, since it’s a tax – as the Supreme Court already ruled in June – it violates the Constitution’s Origination Clause. To pass constitutional muster, tax bills must originate in the House, not the Senate.
Before the Democrat-led Senate rammed it through in the dead of night on Christmas Eve 2009, Senate majority leader Harry Reid used a House bill unrelated to Obamacare, struck all the language and the title so that only the former HR number remained, and then inserted a new title and over 2,000 pages of job-killing, economy-crushing, health-care-rationing compost.
Sneaky? Yes. Typical? No doubt. Unconstitutional? Absolutely. It’s like dropping a Ford Pinto engine into a totaled Ferrari body, patching it up, and then selling it to some unsuspecting dupe as a “brand new Ferrari.”
Unfortunately, America was that unsuspecting dupe.
Well, the jig’s up. The Constitution is unambiguous on this matter: “All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.” Const. art. I §7, cl. 1.
As Liberty Counsel’s brief notes, “Though denominated with a House bill number, the Act actually originated in the Senate, and therefore violates the Origination Clause.”
“Obamacare represents a frontal attack to religious freedom,” said Mat Staver, founder and chairman of Liberty Counsel. “Obamacare is a train about to collide with the fundamental right to free exercise of religion. Not only does Obamacare violate the rights of religious employers because of its abortion mandate, it violates the rights of individuals who oppose abortion and the rights of all employers, religious or not.
“And to boot,” continued Staver, “the entire law is invalid because tax bills must originate in the House, and Obamacare originated in the Senate.”
Yep, doctor shortages, medical-school dropouts, skyrocketing premiums, no money for pre-existing conditions, trillions more than promised, forced taxpayer funding of abortion, critical health-care rationing, and a bankrupt nation.
Welcome to America’s fall.
Welcome to Obamacare.
Zombies eat brains. If they weren’t already dead, they’d most certainly starve to death on the squalid diet of grey matter served-up by Obama, Reid, Pelosi, and every other cracked skull who voted to open the curtain on this unconstitutional Obamacare freak show.
Thankfully, Chief Justice Roberts, whom I strongly suspect regrets voting to uphold it, looks to have another chance to bury it once and for all.
I wonder if that was his strategy all along.
I sure hope so.
Matt Barber (@jmattbarber on Twitter) is an attorney concentrating in constitutional law. He serves as Vice President of Liberty Counsel Action.
Photo Credit: Fresh Conservative (Creative Commons)
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THIS HAD BETTER DISAPPEAR !! THESE MEN ARE A BUNCH OF a$$ HOLES !!! OR ELSE THEY HAVE BEEN THREATENED !?!?!? THERE ARE NO MORE MEN TO STAND UP FOR WHAT’S RIGHT !!!
I am still not holding my breath. I don’t think it matters, ovomit will have what he wants no matter what happens. I have lost all hope. Two or three decent people out of all the vermin in the WH has all odds against them.
Since “BO” swore to uphold the Constitution and then rammed this piece of garbage down our throats, if and when you win, can we then impeach this imposter?
Read Article 2, Section 4 process for impeachment of any holding office in federal government with prohibition of pardon in Section 2. Then the next question must be ” where the heck are all those elected to serve and represent you?” Or “what the heck is holding up the procedure with the proposal already before the House?” It can only be the fear of the height of the political party tsunami caused by such action balanced against the obvious program of national destruction presently occurring on a daily basis. When they fear the loss of party support more than those that elected them all honorable intent is lost. When supported by TV media”s “electability” risk based on statistics and supporting party above patriotism, the republic is lost when its constitutional rights are suspended one-at-a-time.
On the bright side, the paranoia of the guilty is finally beginning to show through their false pride, ignorance and belligerence. The information now being aired on the senate floor by the few remaining patriots in the senate as last ditch filibuster to delay appointment of yet another top official bearing a record of treason is well worth hearing.
Judge Roberts hinted that the responsibilty was with the congress. Now he has justification to kill the bill using congress as the reason that the bill is unconstitutional because it was not properly sponsored.
http://weeklyworldnews.com/politics/45122/obama-impeachment-hearings-begin/ —-> MARCH 11, 2013
“On Monday March 11, 2013, Congress is beginning impeachment proceedings against Barack Obama.
Members of Congress are reportedly beginning impeachment against Barack Obama based on the grounds of unauthorized use of the military in Libya and Syria. Congress is also looking into his involvement in the Fast and Furious scandal.
According to Congressional representatives Barack Obama has violated the rules that clearly state that the President must seek Congressional approval before using military force. Now he says it was OK because he had international support. ”But how does that make it okay? They aren’t our Congress. They don’t determine what is right or wrong for us,” said a prominent Republican Congressman.
Sources close to aides in Congress say the Constitution clearly states “any use of military force by Obama without explicit consent and authorization of Congress constitutes an impeachable high crime and misdemeanor under article II, Section 4.”
The Republicans want to know how President Obama was able to use military force in Libya last year.
Republicans are pushing a resolution through Congress, which has been highly underreported by mainstream media, to look into further actions to be taken against the President. Since it explicitly states in the Constitution that the President must ask permission from Congress to use military forces in another country, sources say there is clear cause for impeachment.
While an impeachment can be a strain on our country and may not be necessary in an election year – Republicans are still moving ahead with it.
“The days of Czars and Executive orders in order to sidestep Congress should end and if it takes an impeachment to do that, well… it is something I and many other Americans would support,” said another prominent Republican Congressman.
“We have a President who believes our Constitution is just a ‘historical document’ that is not fit to determine how our country is run anymore,” said the Congressman.
Democrats, obviously, are opposing the impeachment effort but sources close to Republican leaders say that they are “moving full speed ahead” because “we need something to keep us busy until the next election.”
Stay tuned…”
Sir, you are a very smart man. We can only pray that God will lead the honest men in our country to do the right thing for it’s people by impeaching Obama. He was a big mistake to begin with and I think now, people are realizing that (the ones who voted him in – and the ones that had no idea they were voting him in) There has to be a stop to this madness! It’s been a nightmare ever since he was elected the first time! He is doing things that will eventually ruin our country and that is what has to be stopped. Obamacare is from the pits of hell. I work in the insurance field and the rules and regulations are about making us tear out our hair – or want to drink – or both. Hopefully, the men we voted in to keep the president honest will do their job. He has way too much power and he’s using it disrespectfully.
I hope to God that what has been laid out here comes to pass but I will not be holding my breath. Obama and his merry band of gangsters don’t give a rat’s patootie about the Constitution except in finding slimey ways to circumvent it with the eventual goal of declaring it null and void. Roberts scares me. Bush 1 (with the help of John Sununu) sold us on the conservative and Constitutionalist credentials of David Souter. How did that turn out? Will Roberts be a repeat of Souter? He could have buried Obamacare rightly so but rather found loopholes to justify its existence. There have been enough serious violations of his oath of office to impeach Obama a half dozen times, yet he lives this charmed life. I look at Hitler as living a charmed life, being protected until he accomplished his evil work of judging certain human elements that needed to reap what they had sown. It seems that Obama may have a similar purpose concerning God’s wrath against an “evil and adulterous” American generation.
Rent the movie “Obama’s America 2016″ – it will scare the crap out of you and explain everything he is up to. It wasn’t like people weren’t warned. The documentary is in Obama’s own words – he said what he was going to do and he’s doing it. People said it was a media hype and full of bull. Now that we are being taxed to death, he’s running America into the ground financially – it was all part of his plan for a socialistic government. He said that was what he wanted to do, and he’s doing it. Most people in America (especially the minorities and illegal aliens) have no idea what democracy is about. They know “free” – but someone has to pay for all the freebies – and that would be the hard working (who still have jobs) middle class. God give America grace and answer our prayers.
Does anybody know when the 4th U.S. Circuit Court of Appeals will begin reviewing the obamacare law? We have less than a year to overturn it.