PRIVATE OBAMACARE LAWSUIT HEADS TO NEXT HIGHEST COURT LEVEL, 4th Circuit Court of Appeals (One Step Below Supreme Court)


From: “Liberty Counsel” <>
Date: January 20, 2011 6:04:09 PM EST
Subject: Momentum to defeat ObamaCare builds!

Mathew Staver,

Founder and Chairman
Liberty Counsel

As I’m sure you know, yesterday the House of Representatives overwhelmingly voted to repeal ObamaCare, 245 – 189. THANK YOU to those who contacted your Representatives – over 35,000 faxes were sent through our Fax Barrage and a very large number of phone calls were made!  Our consistent interaction with Capitol Hill DOES make a difference. What’s next for ObamaCare? Please read my update below – Mat.  



Repealing the health care “reform” disaster, also known as ObamaCare, passed its first hurdle yesterday 1/19/11 in a lopsided win in the House of Representatives.

There are many possible “next steps” in efforts to stop the implementation of this disastrous bill, ranging from mounting a full-on campaign to get the repeal bill onto the Senate floor… to chipping away at its many objectionable provisions in the House…to “defunding” it through budgetary restrictions.

The stakes in this battle are so high that Liberty Counsel is encouraging action on EVERY possible front!

As is well known, success in the Senate will be difficult, but I believe it is achievable if even a few “fence-sitting” Senators actually listen to their constituents and swing their votes toward repeal.  We will be sharing more on the battle in the Senate in the weeks ahead.


AP News article:

House Votes 245-189 to Repeal ObamaCare:



++Turning back ObamaCare using every possible strategy.

While the repeal vote in the House has been getting the lion’s share of the public’s attention,  Liberty Counsel’s (private) lawsuit against ObamaCare has been moving steadily forward.  For the past several weeks we have been preparing our
initial brief for the Fourth Circuit Court of Appeals in Richmond, VA.

That brief was filed on Monday, 1/16/11!  

On the same day, Fox News filed an excellent story on our lawsuit under the headline, “Appeal Blasts ‘Unprecedented Expansion’ of Health Care Law.”  The writer excerpted several items from our extensive appeal and showed the importance
of Liberty Counsel’s complaint in the context of other suits against ObamaCare.

You can see the Fox article by clicking here:

Our lawsuit on behalf of Liberty University and several private parties has moved further in the federal court
system than any of the other private and public lawsuits against ObamaCare.  I remain confident that the federal healthcare law will eventually be struck down on appeal
because it is unconstitutional!


Congress lacks authority under the Constitution to force individuals to purchase a government-defined health insurance product at a government-defined price.  It also lacks authority to force employers to provide a government-mandated health insurance product.

If Congress had authority to force every American to buy a particular health insurance product, then Congress’s authority would be unlimited!  The authority and scope of the federal government’s reach into our private lives would greatly increase… and our liberty would greatly decrease.

Our brief addresses the Commerce Clause, the Taxing and Spending Clause, the General Welfare Clause, the First Amendment, the Equal Protection Clause, and the Religious
Freedom Restoration Act.  As Fox News reported, it is more comprehensive than the Commonwealth of Virginia’s suit.

I believe that our lawsuit will eventually be heard by the United States Supreme Court. And when it is heard, I feel certain we will win!



We interrupt the above 1/20/11 email update to include MORE GREAT DETAILS re the PRIVATE OBAMACARE LAWSUIT from this below email from last month which I never sent…

From: “Liberty Counsel” <>
Date: December 2, 2010 6:21:50 PM EST
Subject: ObamaCare lawsuit on fast track to higher court!

Liberty Counsel
Mathew Staver,

Founder and Chairman

Date: 12/2/2010

A district court judge’s ruling has put Liberty Counsel’s case against ObamaCare on a fast track to the Fourth Circuit Court of Appeals in Richmond, Virginia.  See my important message below – Mat. 

District Court Judge Norman Moon’s ruling on our lawsuit against the ObamaCare healthcare “reform” law has propelled our case forward to the court of appeals level faster than
any of the other lawsuits against this unconstitutional legislation.  

And what initially appeared to be an adverse ruling at this first level of the federal judicial process actually gave us several advantages as the case goes forward!


(Judge Moon photo)

On the plus side of his ruling, Judge Moon found that our corporate plaintiff, Liberty University, and two private individual plaintiffs, had standing to bring this lawsuit against ObamaCare.  He also ruled that there was no bar to bringing the suit, as the government had argued. 

Both of those holdings will be very advantageous to our case at higher levels in the court system!

But Judge Moon then ruled that Congress acted within its authority under the Commerce Clause of the Constitution when it enacted the mandates in the healthcare law, because, he said, everyone will someday require healthcare or insurance. This is absurd!

Under this rationale, since everyone has to eat, then Congress could force every American to eat vegetables to improve their health. Congress does not have this kind of power to dictate our private choices!  

This ruling now allows Liberty Counsel’s lawsuit to be the first case to reach the court of appeals on the substantive law issue at the core of our case – the constitutionality of forcing individuals and groups to buy a particular kind of health insurance product.

So, as strange as it may seem, we couldn’t have gotten a better ruling in a decision that was certain to be appealed regardless of how Judge Moon ruled!

++ We need you with us as we take the next step.

These momentous events mean that I must immediately commit critical staff resources to the court of appeals phase of this case – we MUST fully and expertly prepare for the 4th 
Circuit Court of Appeals. We have already filed the appeal. 

As you can probably tell, I feel this new set of circumstances presents a TREMENDOUS opportunity for Liberty Counsel and our partners to have a decisive impact on the ObamaCare battle.  Of course, we’ve played a key role in fighting this outrageous bill since the day it was first proposed!

But being the first case against ObamaCare to be heard in a court of appeals means that I must dedicate more resources more quickly than I could have anticipated.

The fact is, we simply cannot win battles like this – especially when taking on the federal government and
President Obama’s prized “showcase” legislation – without extraordinary, faithful support from friends like you. 

I am confident we will win this case on appeal or at the U.S. Supreme Court! 

This sudden turn of events in our ObamaCare case is especially
challenging right now as we defend schoolchildren and families against anti-Christmas attacks from groups like the ACLU and manage scores of other important cases. 

As we prepare for the next phase of our ObamaCare case – which is now on the fast track to the Supreme Court – will you please consider making a tax-deductible gift to help Liberty Counsel in this and other crucial legal battles? 

Please go here to help: 

As you know, Liberty Counsel has been at the very forefront of groups aggressively seeking to overturn
the economic, social, and moral nightmare of ObamaCare.


Here is my iron-clad promise to you:

We will not surrender critical healthcare decisions for our families to power-hungry bureaucrats! We will not cave in to arrogant statists who are using every opportunity to seize entire industries at a time!  We will not bow to the Obama/Reid/Pelosi machine that shamelessly betrayed the constitutional trust that was given to them as elected officials! 

++Congress had no authority to pass this law in the first place.

This healthcare “reform” law is an unprecedented expansion of federal power and regulation. It is unconstitutional, plain and simple. It represents everything that is wrong 
with the failed political philosophy of socialism. The power of the federal government to regulate has limits! This healthcare law goes FAR beyond those limits. 

I am confident that ObamaCare will eventually be struck down on appeal because it is unconstitutional.  I’ll say it again and again: Congress does not have the authority to force every American to purchase a particular kind of health insurance product!


++This first ruling was clearly a blessing in disguise.

I am pleased the federal court found that Liberty Counsel, on behalf of Liberty University and the private plaintiffs, has the legal right to pursue this claim. The court’s ruling on the merits of the Commerce Clause, while wrong now, puts the case on a fast track to the federal court of
appeals and will actually expedite a final resolution of the case.

We just crossed a key hurdle in our effort to stop this disastrous bill before it inflicts insurmountable damage on our nation. And the fact is that we will likely be the first to argue before a court of appeals that ObamaCare is unconstitutional!

That means our case against ObamaCare is even more crucial
than we thought just days ago. We simply must commit every strategic resource possible to making our case that ObamaCare’s mandates are unprecedented and unconstitutional!

Will you stand with us now? Click here to help Liberty Counsel DEFEAT ObamaCare in court: 

The Lord has strategically placed you and me at the leading edge of the legal effort to stop ObamaCare.  For Liberty Counsel’s part, we are unquestionably going to rise to 
this challenge!

Thank you in advance for your support at this crucial time 
and may God richly bless you!

Mathew Staver,

Founder and Chairman
Liberty Counsel

P.S. Please forward this message to 10 or 20 of your friends. Ask them to join us in this historic effort.  I assure you that they (and you!) will be blessed for taking this stand.

Again, THANK YOU for all you have done in this crucial battle. And never forget: We can win the battle against ObamaCare IN COURT!

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Back to the rest of the LC email dated 1/20/11:



++Liberty Counsel is uniquely able to wage this battle.

When our nation’s freedom came under attack in the courts or in Congress this past year, we were able to engage in the fight, thanks to friends like you!  Liberty Counsel’s
litigation team is managing a growing caseload in defense of faith, freedom, and family – in addition to confronting
the radical push from the White House and Congress.

We can win these legal battles when we show up. Of all the cases we handle, 95 percent are resolved without even going to court. And, since 2004, we have won 92 percent of the remaining 5 percent that do go to court!


As I said earlier, our lawsuit against ObamaCare is now before the 4th Circuit Court of Appeals, just one step below the United States Supreme Court. In order to keep our momentum in this and other vital cases, we need your help.


Will you consider making a tax-deductible gift right now so our team can continue to fight against the rise of Big Government, radical pro-homosexual forces, anti-faith  initiatives, the attacks of the ACLU, and other activist legal groups?

Click here to support Liberty Counsel’s ongoing litigation

Thanks to the prayers and financial support of friends like you, Liberty Counsel has become one of the
leading voices for faith and freedom in the nation.  Together,we are making a powerful impact on the nation’s legal and public policy processes.

Please stand with us in 2011!  Your prayers and sacrificial giving make it possible for us to continue.  We depend on friends who give $30, $50, $100, $500 – whatever the Lord
leads – so we can stay involved in these crucial battles:

Thank you in advance for helping us to continue winning in court! With your prayers and financial support, we can restore the values that made America great and pass on a Godly legacy to future generations.

God bless you,
Mathew Staver,

Founder and Chairman
Liberty Counsel


P.S. We are fighting against the unconstitutional mandates of ObamaCare in both the legislative and judicial braches of our government. The stakes in turning back ObamaCare are so high that the effort justifies each of our best efforts!  

Not only should this law never have been passed, it MUST now be repealed, replaced and/or declared unconstitutional before irreparable damage is done to our health care system and our faltering economy!  Please, go here to support our
litigation efforts:

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Comments? Questions?

Liberty Counsel, with offices in Florida, Virginia and Washington, D.C., is a nonprofit litigation, education and policy organization dedicated to advancing religious freedom, the sanctity of human life and family.  
Liberty Counsel . PO Box 540774 . Orlando, FL 32854 .800-671-1776



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