ObamaCare Unconstitutional on Several Levels, Liberty Counsel Argues (audio clip)

Apr 24, 2013

www.LC.org

Today, Liberty Counsel filed its final brief in Liberty University v. Geithner before the Fourth Circuit Court of Appeals hears our case against ObamaCare on May 16. Liberty Counsel represents Liberty University and two private individuals in this case.

Liberty Counsel’s challenge to ObamaCare is the most comprehensive case pending, challenging (1) the employer mandate; (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.

The employer mandate exceeds Congress’s enumerated powers. Even if Liberty provides insurance, but refuses to provide any portion of the preventive coverage mandate (including abortifacients and IUDs), it will still be penalized $2,000 per year for every one of its “full time equivalent” employees. The Act coerces Liberty to violate its religious convictions under penalty of enormous fines. These excessive fines constitute an impermissible penalty.

Liberty Counsel told the court that because ObamaCare was classified as a tax, it violates the Origination Clause of the Constitution, which requires all tax laws to originate in the House. ObamaCare originated as House Resolution 3590, the Service Members Home Ownership Act. After passing the House, Senate President Harry Reid completely gutted the bill, and then inserted a new title and over 2,000 pages of ObamaCare. This is the first time that the gut-and-amend practice has been used by the Senate to impose new taxes. Our Founding Fathers wrote the Origination Clause because they wanted to keep the power to tax as close to the people as possible. ObamaCare cannot originate in the Senate and is therefore invalid.

Please pray that Liberty Counsel is successful in defeating ObamaCare.

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