Killing the Obamacare Zombie: Hope Lives!

“But Republican governors are folding like cheap lawn chairs,” you 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.

I wonder if that was his strategy all along.

I sure hope so.

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.)  



21 thoughts on “Killing the Obamacare Zombie: Hope Lives!

  1. I always did hope that Roberts had to have a GOOD reason for that superficially inexplicable earlier ruling, and will be following this story with EXTREME interest!

    • Inexplicable is the key word. We needed and should have had Judge Roy Moore from Alabama and got stuck with the lightweight Roberts.

      • John, I can't agree. Roberts is a Constitutionalist as well as a formidable legal scholar. I've GOT to keep believing that his earlier ruling was "crazy like a fox."

        But, in the immortal words of Dennis Miller, "That's just my opinion. I could be wrong."

  2. After the last shocking ruling by the SCOTUS concerning Obamacare, Iwill not hold my breath that this time the constitution wins.

    • Neither will I, suffocation is something I dread.

    • rennyangel2 says:

      But, ocare survived the last time because SCOTUS called it a tax bill, so that has been officially locked up and sealed. Now, the issue is how do taxes orig. in the Cong., and that is in the House, not the Sen.

  3. Archie Bunker says:

    The two Obama appointments will decide it is constitutional. Kagen should have recused herself the first time having been active in the selling of the Affordable (unaffordable) Care Act.

    • Should have in an ideal world but the reason she was put there was for that type of situation.

      • Archie Bunker says:

        That is Obama's reason I'm sure but her obligation should be to defend the constitution

        • AmericaAwakens says:

          Kagan & Sotomayor both received their appointments as advance payment for the unconditional support of any and all cases, in support of bho and his minions.

  4. I pray that they will win.!!!

  5. Killing Obama Care and curing cancer and peace with Islam. One might want to not bet the farm on any of these happening in a ounce and for all manner.

  6. Wishful thinking, methinks. BTW, there was a much stronger case that would attack the commerce clause of which I am on a class action suit out of Tennessee. And for you to think Roberts would change is rather bizarre.

  7. rennyangel2 says:

    Good. This attack on liberty should be litigated on all levels.

  8. will the three quarters of a trillion dollars be returned to the medicare program?Or will they just say that it was spent on vacations?

  9. Nuke that Sovietcare !!!

  10. Laws of course can be repealed or ruled unconstitutional but sadly it is much harder to get rid of a law that's on the books than to create a new one. I do eventually think that much (perhaps not all) of Obamacare will go the way of the dinosaurs, but I have no idea how long that will be or how much damage will be done to this country before it can be driven into extinction. Prohibition was around long enough to cause quite a bit of death and destruction, and while I don't imagine that there will be any bullets flying due to Obamacare, it will just as surely wreak havoc and financial destruction.

    If these legal challenges go nowhere, I do see that eventually at some point more and more people who have the power to do something about the law will be working to strip away parts of it or modify it once they see the carnage that it will create. I especially think that once the health insurers' books begin to bleed red ink after they are forced to take all these very sick people (and especially if most young people decide to just pay the "fine/tax" and not buy any insurance, for which it will make a lot of economic sense to do it that way) that they will being crying "uncle" and demand that something be done to save their own worthless hides. See, the problem is now that most people and businesses are still unaffected in any serious way by Obamacare, and that won't happen for another year or more. And when it does, the pain and torment inflicted by it will compel all but the most hard-line lefties (and also the brain-dead bottom feeders who will suck from the Medicaid teat - most of them will just be too stupid to figure out why it's so hard to find a doctor and will continue to hit the ER when they are really ill and drain budgets even more) to do something about it.

  11. As the people of the land we can de-fund obummercare, All we have to do is change our W4's to exempt and they will not have the money to fund the program. This can chop the head off this monster before it tears through America.

  12. obamahealthscare, that's what it is a down right crooked way to steal trillions of dollars.

  13. Roberts was right, the gov't has the right to tax. the question never came up where the obama care bill originated.. this is sounding pretty good to me.

  14. Iamacitizen2 says:

    As I recall when Obamacare got to the SCOTUS the feds were arguing if people didn't take Obamacare they would be fined. The way it ended up was Roberts argued it was a TAX. So, in order for it to become law they had to finally state it was a tax in order to get the thing through SCOTUS. THIS WAS AN OPEN DOOR for "we the people" to come back and readdress that it was NOT legally handled according to our Constitution. I said this two years ago. Robert's actually did us a FAVOR. LOL he did set up the Fed's to fail if "we the people" would only figure it out.

    Thing was Harry Reid did take a Bill from the House and revised the title and the body of an original Bill that passed the House but it was a totally different Bill!!! It was not Obamacare until shady Harry renamed it and filled it with 2,000 new pages that was NEVER created nor voted on by the House!!! The original Bill that had been submitted to slick Harry was titled and voted on a whole different Bill totally. I believe the original Bill had to do with the vet's and housing, etc. MAN SLICK HARRY SHOULD BE KICKED OUT OF CONGRESS FOR THIS MOVE or go to jail for stealing a Bill from the House that had been voted on by the House and scalped it and replaced it with Obamacare. Not only that, he should do some jail time as a Congressman to do something like that to me he disenfranchised the whole House of Representatives, their votes and the Veterans. THIS IS TOTALLY WRONG.

    You just can't do this type thing. There is no difference to me between Harry Reid or Joe Jones off the streets slipping into an office in the dead of night and grabbing some House of Representative Bill that has already been voted on by the House and submitted to slick Harry to use it to conceal a "Law" passed by Congress that was also done in the dead of night and it did NOT follow protacal "Constitutional Law" at ALL. He stole this bill and replaced it in my opinion as a lay person "illegally". Only in America. There should be some sort of way to kick his hinnie out. Good luck with that for sure. Talk about corruption in our faces!!!