Regarding the approval of the Obamacare individual mandate by the Supreme Court June 28, in a Volokh Conspiracy blog entry by Nick Rosenkranz, “Constitutional Law after Obamacare,” there was an insightful comment by a reader named “Wolfwalker” who wrote: “[M]ost of the legal community is a bunch of fascists who have lost all respect for the Constitution much like the federal government itself. Mr. Rosenkranz, I can write your speech in two sentences: The decision upholding Obamacare is the worst decision issued by any Supreme Court since Dred Scott v. Sanford. It renders all constitutional limits on federal powers completely meaningless.”
Wolfwalker’s comment on Mr. Rosenkranz’s blog is the most astute and succinct synopsis I’ve yet read on Obamacare, both from a constitutional and historical perspective.
Indeed, Obamacare renders all constitutional limits on federal powers completely meaningless. “And there’s the rub,” as Shakespeare would say. Obamacare demonstrates to all America the tyrannical, fascist power President Obama and the Democratic Socialist Party is willing to wield like a cudgel to smash the God-given, unalienable rights of the people. By the Supreme Court unconstitutionally acquiescing to Obamacare, all Americans are shackled “under the despotism of an oligarchy,” as Jefferson wrote in an 1820 letter to William Jarvis.
For example, religious rebellion to the Obama administration’s abortion/contraception mandate have achieved new life after the U.S. Supreme Court ordered a federal appeals judge to review a challenge to the health-care law by Liberty, a Christian university.
The 4th U.S. Circuit Court of Appeals previously dismissed Liberty University’s challenge to the law’s individual and employer insurance mandates, including the tyrannous mandate by the Department of Health and Human Services that employee health insurance cover contraceptives, abortion-inducing drugs, sterilization drugs and abortions. This prompted Liberty University’s appeal to the Supreme Court; however, the Court dismissed the appeal when it issued its controversial decision upholding Obamacare in June.
Liberty University’s case against Obamacare was given renewed vigor by the high court Monday (Nov. 26) when it granted the school a new hearing, ordering the 4th Circuit to reassess the case Liberty University v. Geithner in reply to a new appeal. Liberty filed after the June decision. Liberty Counsel, a nonprofit legal services organization representing the Virginia university, believes that these latest legal developments renews the religious challenge to Obamacare, probably sending the question to the Supreme Court for hearing during its 2013 term.
Mat Staver, Liberty Counsel founder, chairman and dean of Liberty University’s law school, said, “Today’s ruling breathes new life into our challenge to Obamacare. Our fight against Obamacare is far from over.
“Congress exceeded its power by forcing every employer to provide federally mandated insurance,” Staver continued. “But even more shocking is the abortion mandate, which collides with religious freedom and the rights of conscience.”
At least 35 Christian universities and businesses have filed suits challenging the health-care mandates, including Louisiana College, Houston Baptist University and East Texas Baptist University. The Southern Baptist Ethics & Religious Liberty Commission joined the legal fight in October, signing a friend-of-the-court (amicus curiae) brief in support of a joint challenge by evangelical Wheaton College in suburban Chicago and the Roman Catholic Belmont Abbey College in North Carolina. The ERLC was among 11 evangelical groups signing the brief filed by the Christian Legal Society in support of the Wheaton and Belmont Abbey appeal. Others suing the federal government over Obamacare include Christian publisher Tyndale House, Priests for Life, Hobby Lobby and the EWTN Catholic television and radio network.
When Liberty University filed its challenge against the individual mandate of Obamacare in 2010, it was a singular event marking the first time a private lawsuit was brought against Obamacare. According to Liberty Counsel, the original lawsuit said Congress lacked the authority to pass the health-care law and challenged the government’s compulsory funding of abortion as unconstitutional, based on the First Amendment Free Exercise of Religion Clause and the federal Religious Freedom Restoration Act.
According to news reports, in re-evaluating the case, the 4th Circuit may order both sides to submit new legal briefs. These news reports also held that the Obama administration did not contest the Supreme Court’s ruling but told the Court that none of Liberty’s remaining challenges hold legal merit and that its challenge to the employer mandate is blocked by the Anti-Injunction Act. The act was passed in 1867 to prevent federal courts from stopping the federal government from assessing and collecting taxes.
Liberty University’s lawsuit against the individual mandate of Obamacare is critical to upholding and maintaining the First Amendment protections of freedom of religion, freedom of speech and freedom of association – our God-given, unalienable rights belonging to every American citizen. If Obamacare and its unconstitutional individual mandate becomes the law of the land, then President Obama and the Democratic Socialist Party would have succeeded in achieving his 100-plus-year progressive dream of perverting and deconstructing America’s republic; to in essence make all Americans slaves to a Marxist, socialist government. This atheistic, Leviathan state will then have de jure and de facto control over every birth, life and death decision for over 320 million people. However, most galling of all to me is that Obamacare has effectively made all Americans (including Jews, Christians and all religious people of faith) co-conspirators of the abortion industry’s machinery of death. Under Obamacare, we are all abortionists now!
Wolfwalker was a prophetic voice when he wrote, “The decision upholding Obamacare is the worst decision issued by any Supreme Court since Dred Scott v. Sanford . It renders all constitutional limits on federal powers completely meaningless.”
Every American citizen should pray that Liberty University and the other courageous Christian colleges, business, churches and religious organizations will be successful in overturning this liberal fascist health-care policy, which in reality is a death-care policy forced on all the people by the Democratic Socialist Party, lest America fall under God’s divine judgment from which there shall be no redemption.