Richmond, VA – Liberty Counsel Founder and Chairman Mat Staver will present oral argument on May 10, 2011, at 9:30 AM Eastern Time in the case of Liberty University v. Geithner. The case, which challenges “ObamaCare,” will be heard at the Fourth U.S. Circuit Court of Appeals at 1000 East Main Street, Richmond, Virginia. Liberty Counsel represents Liberty University and two private individuals in this case. On the same day, the court of appeals will also hear the case of Commonwealth of Virginia v. Sebelius, led by Virginia Attorney General Ken Cuccinelli. The cases will be argued seriatim by each respective counsel.
Virginia’s case challenges the individual mandate, while Liberty Counsel’s case challenges the individual and employer mandates. Like Virginia’s case, Liberty Counsel’s case argues that Congress lacks authority under the Commerce Clause to enact the health insurance mandate. Liberty Counsel also raises other constitutional objections, including the First Amendment Free Exercise of Religion, the federal Religious Freedom Restoration Act, the First Amendment Establishment Clause, and the Fifth Amendment Equal Protection Clause.
In addition, as most states are experiencing significant budget gaps, the additional financial burden of this law is weighing heavily on state leadership. Many states are actively working towards legislation or litigation to overturn the Patient Protection and Affordable Care Act. Currently, there are more than 1,000 waivers to this law.
Mathew D. Staver, Founder of Liberty Counsel and Dean of Liberty University School of Law, said: “ObamaCare is on a fast track to its ultimate demise. This legislation represents an astonishing extension of the federal government into the personal and business decisions of Americans. If ObamaCare should be upheld by the courts, then there are no limits on what Congress can do. I think it is clear that Congress far exceeded its authority under the Constitution.”
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