Killing the Obamacare zombie: Hope lives!

By: Matt Barber

“But Republican governors are folding like cheap lawn chairs,” you might say. “And political eunuchs in the GOP establishment are bowing to Obama like he bows  to foreign dictators. Any hope of repeal is long dead, and besides, Chief  Justice John Roberts put the final nail in the judicial coffin last summer,  didn’t he? Any chance of killing the Obamacare zombie is gone, right?”


Not surprisingly, the mainstream media paid it little attention, but back in  November the U.S. Supreme Court shocked many in the legal community by granting Liberty Counsel’s motion for a  rehearing on its multi-pronged challenge to Obamacare. The high court ordered  the 4th U.S. Circuit Court of Appeals to rehear arguments. This is extremely  rare and means, almost certainly, that Chief Justice Roberts will get another  bite at the rotten apple – this time, with a whole new quiver of legal  arrows.

Following the Supreme Court’s directive, Liberty Counsel recently filed its brief  in the case of Liberty University v. Geithner. The Christian civil rights firm  represents Liberty University and two private individuals in this case. While  there are other legal challenges to the employer contraceptive/abortifacient  mandate, Liberty Counsel’s is the most comprehensive case pending in the  country.

The lawsuit challenges 1) the employer mandate for all employers; 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  and Obamacare originated in the Senate.

This case is the only one in the country that challenges the entire employer  mandate for all employers. Like other pending cases, Liberty Counsel’s also  challenges the so-called “Preventative coverage” mandate, which requires  employers to provide free contraceptives, sterilization, abortion-inducing drugs  and IUDs, of which the latter two cause abortion.

Additionally, Obamacare compels individual citizens to violate their  conscience by making them directly fund abortion homicide – both surgical and  chemical – under penalty of law. It forces all employees who are part of a plan  that offers abortion coverage to pay $1 per month directly to a “free” abortion  fund. There is no opt-out provision, and information relative to which plans  offer abortion is intentionally covered-up. This too is part of the case, so  don’t let anyone tell you that Obamacare doesn’t require you to fund abortion on  demand. If they do, they’re simply lying through their  triple-grande-four-pump-hazelnut-mocha-stained teeth.

Finally, Liberty Counsel’s brief argues that Obamacare is invalid because,  since it’s a tax – as the Supreme Court already ruled in June – it violates the  Constitution’s Origination Clause. To pass constitutional muster, tax bills must  originate in the House, not the Senate.

Before the Democrat-led Senate rammed it through in the dead of night,  Christmas Eve 2009 – Senate President Harry Reid used a House bill unrelated to  Obamacare, struck all the language and the title so that only the former HR  number remained, and then inserted a new title and over 2,000 pages of  job-killing, economy-crushing, health-care-rationing compost.

Sneaky? Yes. Typical? No doubt. Unconstitutional? Absolutely. It’s like  dropping a Ford Pinto engine into a totaled Ferrari body, patching it up and  then selling it to some unsuspecting dupe as a “brand new Ferrari.”

Unfortunately, America was that unsuspecting dupe.

Well, the jig’s up. The Constitution is unambiguous on this matter: “All  Bills for raising Revenue shall originate in the House of Representatives; but  the Senate may propose or concur with Amendments as on other Bills.” Const. art.  I §7, cl. 1.

As Liberty Counsel’s brief notes, “Though denominated with a House bill  number, the Act actually originated in the Senate, and therefore violates the  Origination Clause.”

“Obamacare represents a frontal attack to religious freedom,” said Mat  Staver, founder and chairman of Liberty Counsel. “Obamacare is a train about to  collide with the fundamental right to free exercise of religion. Not only does  Obamacare violate the rights of religious employers because of its abortion  mandate, it violates the rights of individuals who oppose abortion and the  rights of all employers, religious or not.

“And to boot,” continued Staver, “the entire law is invalid because tax bills  must originate in the House, and Obamacare originated in the Senate.”

Yep, doctor shortages, medical-school dropouts, skyrocketing premiums, no  money for pre-existing conditions, trillions more than promised, forced taxpayer  funding of abortion, critical health-care rationing and a bankrupt nation.

Welcome to America’s fall.

Welcome to Obamacare.

Zombies eat brains. If they weren’t already dead, they’d most certainly  starve to death on the squalid diet of grey matter served-up by Obama, Reid,  Pelosi and every other cracked skull who voted to open the curtain on this  unconstitutional Obamacare freak show.

Thankfully, Chief Justice Roberts, whom I strongly suspect regrets voting to  uphold it, looks to have another chance to bury it once and for all.

Wonder if that was his strategy all along.

I sure hope so.

About The Author Matt Barber:
Matt Barber (@jmattbarber on Twitter) is an attorney concentrating in constitutional law. He serves as vice president of Liberty Counsel Action. (This information is provided for identification purposes only.)

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