Appeals court grants, then retracts HHS mandate stay for Liberty University
August 8, 2013 (LifeSiteNews.com) - Yesterday, the Fourth Circuit Court of Appeals issued two conflicting orders in Liberty Counsel’s ObamaCare case, Liberty University v. Lew (formerly called Liberty University v. Geithner).
“Denying a stay while awaiting a petition for cert is not unusual, but it is unusual that conflicting orders are sent on the subject. The conflicting orders from the court of appeals do not have any relevant bearing on this case. We are preparing the petition to ask the Supreme Court to review the case,” said Mat Staver, Founder and Chairman of Liberty Counsel.
Liberty Counsel is preparing a petition for cert for the Supreme Court, which will be delivered this fall.
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.
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In the cert petition due in early October, Liberty Counsel will argue that the employer mandate violates the Commerce Clause. As Congress lacks authority to force individuals to buy an unwanted product, so Congress cannot force employers to buy an unwanted product. And, unlike the individual mandate, which the High Court ruled was a tax, the employer mandate exceeds Congress’s taxing powers because the penalties go beyond reasonable taxing limits and are punitive.
The case also challenges the employer and individual mandate provisions as violations of religious free exercise because they force employers to provide abortion-inducing drugs and many individuals to fund abortion.
Liberty Counsel’s case is the only one in the country that challenges the entire employer mandate.
“If we are successful in striking down the employer mandate, it will benefit both religious and nonreligious employers,” Staver said.