Tuesday, February 14, 2012
Tue, 14 Feb 2012
Liberty Counsel an international nonprofit litigation, education, and policy organization, recently filed two amicus briefs with the U.S. Supreme Court, addressing both the Commerce Clause and the Anti-Injunction Act.
The first brief filed by Liberty Counsel argues that the insurance mandate under ObamaCare exceeds Congress’s authority under the limited powers conferred by the Commerce Clause of Article 1, section 8. Congress does not have the authority to force essentially all law-abiding citizens to purchase a particular kind of health insurance against their will. Liberty Counsel represents Liberty University and two private individuals in the case of Liberty University v. Geithner.
“The blatant disregard for religious liberty evidenced by the recent directive that religious organizations and their insurance carriers provide contraceptives and abortifacients illustrates the constitutional problem with ObamaCare. If allowed to stand, federal bureaucrats could arbitrarily override the liberty of every American,” said Mathew Staver, Dean of Liberty University School of Law, as well as, Founder and Chairman of Liberty Counsel.
The second brief was at the federal court of appeals where the Department of Justice conceded that the Anti-Injunction Act (AIA) does not apply and the court should reach the merits of the case. The AIA requires that prior to filing suit on a tax dispute, the taxpayer must first pay the tax before filing suit. Liberty Counsel’s brief argues that the AIA does not apply because (1) the mandate assesses a “penalty,” not a tax, and (2) the AIA does not deprive the court of jurisdiction, especially when the government argues that it does not apply and the statutory intent does not prevent litigation.