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Today, the Fourth Circuit Court of Appeals issued a ruling on the Patient Protection and Affordable Care Act (commonly known as “ObamaCare”) in the case of Liberty University v. Geithner and issued a separate opinion on the case of Commonwealth of Virginia v. Sebelius. Liberty Counsel represents Liberty University and two private individuals, challenging both the individual and the employer mandates in ObamaCare. 

In the case of Liberty University, the divided court ruled that the mandate is a “tax” under the Anti-Injunction Act (AIA), and thus the court does not have jurisdiction to rule on the merits until the “tax” is paid and a refund sought by the taxpayer. Thus, the case could not be brought until the mandate becomes effective in 2014. Every court which has considered this question has found that the mandate is a “penalty,” not a tax, and the AIA does not apply. Even the federal government defendants argued that the AIA does not apply and that the statutory intent clearly indicated that the AIA was inapplicable.

The panel of judges for the case included one judge appointed by President Clinton, Judge Diana Gribbon Motz, and two judges appointed by President Obama, Judges Andre M. Davis and James A. Wynn Jr. Judge Motz wrote the opinion, in which Wynn concurred. Judge Davis wrote a dissenting opinion. In the Virginia case, the court ruled 3-0 that Virginia does not have standing to bring a challenge to the individual mandate, because that right is for individuals affected by the mandate. In the case of Liberty University, the next and final stop in the battle over ObamaCare will be the United States Supreme Court. Liberty Counsel will file a petition with the High Court.

From the beginning everyone knew that the final frontier in the battle over ObamaCare would be the United States Supreme Court. The court’s ruling goes against every court in America that considered this case. Even the United States Government argued that the Anti-Injunction Act does not apply to this case. We look forward to the final round in this battle over ObamaCare at the United States Supreme Court. 

Read our News Release for more details.

2011 Values Voter Summit

Liberty Counsel and Liberty University are co-sponsors of the sixth annual Values Voter Summit in Washington, DC, which was recently named one of the top ten conservative events. The Values Voter Summit is a three day conference, extending the opportunity to individuals to educate themselves before hitting the polls as well as rally together in support of Christian values in the political realm.

Hear from the Nation’s leaders, including Attorney General Ken Cuccinelli, House Speaker John Boehner, Presidential Candidates Michele Bachmann and Rick Perry, and many more on October 7-9 at the Omni Shoreham hotel in Washington, DC. Registration ends September 20. Regular admission is $99. Students receive a $50 scholarship. Tickets can be purchased online at www.valuesvotersummit.org or by phone at 877-372-2808.

Liberty University and Liberty Counsel are sponsors only of the educational portions of the Values Voters Summit, are not sponsoring the appearance of any candidate for public office, nor do they support or oppose any candidate for elective public office.

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Liberty Counsel does not charge clients for representation, so we depend on individuals, groups and churches that care about advancing religious freedom, the sanctity of human life and the family. Liberty Counsel is recognized by the IRS as a 501(c)(3) tax-exempt organization that accepts tax-deductible donations. Donate or order resources from the Liberty Counsel online store.