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« on: September 09, 2010, 12:57:52 PM »

Date: 9/8/2010

Just hours ago, my Liberty Counsel staff filed a brief arguing
that the U.S. District Court for the Western District of
Virginia should deny the federal government's motion to
dismiss our lawsuit challenging ObamaCare.  Overturning
ObamaCare's unconstitutional mandates IN COURT is our best
chance to stop this socialist nightmare before it gains
any more momentum.  See my urgent update below - Mat.

Attorney General Eric Holder and his subordinates at the
Department of Justice challenged our lawsuit against
ObamaCare by petitioning to have it thrown out of court
for lack of merit.  But it is clear they are taking us
very seriously because they filed an elaborate 60-page
"Memorandum of Law" to support their motion.

            The DOJ's memorandum is certainly lengthy,
            but it carefully dodges every component of
            our complaint!  The fact is, the entire Obama
            administration knows that ObamaCare is in
            real trouble.

The most recent Rasmussen Reports national telephone survey
confirms their fears.  Now a full 58 percent of Americans
want ObamaCare repealed, and the anger at the socialist
takeover of American medicine is growing by the hour!

Of course, a full repeal isn't likely to happen until
Barack Obama is no longer President, even if Democrats
lose control of Congress in November's elections.  That's
why lawsuits against ObamaCare are America's best, most
immediate hope of ending this nightmare before more of
its outrageous contents are put into force.

++Frankly, the DOJ's arguments are weak and deceitful.

The Department of Justice argued that Congress CAN FORCE
EVERYONE to buy insurance in order to make it affordable
to all. But this socialist mentality would allow Congress
to nationalize ANYTHING on the assumption that all must
pay in order to make the object of regulation affordable
to everyone. If that is true, then there is no limit
whatsoever on what Congress can regulate!

            This healthcare law is an unprecedented
            expansion of federal power and regulation.
            It is unconstitutional. It represents
            everything that is wrong with the failed
            political philosophy of socialism. The power
            of the federal government to regulate has
            limits! This healthcare law goes far beyond
            those limits.

Although the President and his healthcare architects
patronizingly patted the American people on their heads
and said if we would just give it a chance, we would really
like it...ObamaCare is far less popular now that when it
was rammed through Congress four months ago, and it is
losing ground daily.

            We have every confidence that the court will
            rule against Holder's motion to dismiss our
            case, just as the court did in handling the
            DOJ's similar motion against the State of
            Virginia's lawsuit against ObamaCare on
            August 2nd.

++ObamaCare will eventually be declared unconstitutional.

I believe our lawsuit is ultimately headed to the Supreme
Court. We are quite confident that we can win this battle,
but we need your continued support. We are working hard in
the courts and the court of public opinion to stop this
disastrous bill before it inflicts insurmountable damage
on our nation.

Time is of the essence!

Click here to sign our Statement of Support for our lawsuit
against ObamaCare and to read our response to the Department
of Justice's motion to dismiss our lawsuit.

++Nancy Pelosi's infamous invitation to "pass it and see..."

One of the most preposterous statements ever made by an elected
official came from House Speaker Nancy Pelosi when she told an
audience this spring that Democrats would "pass the bill
so you can find out what's in it..."

            Now, in stage after stage of ObamaCare's disclosure,
            Americans have finally been able to see what
            the bill actually contains. More Americans
            than ever are rising in opposition to our
            government's heinous takeover of the world's
            most advanced healthcare system.

If you recall, the No. 1 reason for passing the bill was
that ObamaCare would lower costs for families and for
businesses and for the federal government, reducing our
deficit by over $1 trillion in the next two decades.
But independent analysts now feel certain that ObamaCare
will cost us over $2.3 trillion!

As for businesses and families, according to recent studies
employers are now reporting that they can't afford rising
rates in anticipation of ObamaCare.  Many companies have
chosen to keep their costs the same by passing the ENTIRE
increase in premiums for family coverage on to their workers.

            The fact is, President Obama and the 111th
            Congress used phony accounting in order to make
            use of the "reconciliation" process to pass
            an unconstitutional and unpopular bill. The
            American people knew it, yet Congress turned
            a tin ear toward their constituents at the
            moment of truth.

++The ObamaCare shell game:  Is it a tax...or not?

When the Obama/Reid/Pelosi axis of power was selling
ObamaCare to the American people, they were adamant that
the individual mandate to buy government-approved health
insurance was NOT a tax.

            You probably remember at least one of the
            President's many strong denials that healthcare
            "reform" would involve ANY adverse tax

But now that several states and Liberty Counsel have
challenged the individual mandate as being unconstitutional,
the Obama administration and the DOJ have changed their
tune by declaring that, in fact, the individual mandate
IS actually a tax!

Why would they do that? Because the Constitution gives
Congress the power to enact taxes...but NOT to mandate
insurance purchases!  The "facts" have suddenly changed
to suit their convenience!

This is yet another Obama tactic to bypass our constitutional
form of government and to FORCE an unwanted mandate upon
the American people.

I urge you to support Liberty Counsel's lawsuit against
ObamaCare. Our lawsuit is constructed from the perspective
of a public interest organization, which is different
than the states' lawsuits being filed by 20 attorneys
generals. Our lawsuit is a vital compliment to the others
being filed by the states and will receive its own
judicial process.

            When you click on any of the links in this
            message, you can read our actual legal
            response and sign our Statement of Support
            for litigation against ObamaCare.

++Liberty Counsel's concrete action to stop this outrage.

Mark, as you know, Liberty Counsel is
aggressively seeking to overturn the economic, social
and moral nightmare called ObamaCare.

We will not surrender our healthcare to socialists! We
will not cave in to the arrogant statists who are using
every opportunity to seize whole industries at a time.
We will not bow to the Obama/Reid/Pelosi machine that
shamelessly betrayed the constitutional trust that was
given to them as elected officials.

Click here to sign the Statement of Support for our
litigation against ObamaCare:

Thank you for signing the Statement of Support for our
lawsuit against ObamaCare and for considering a gift to
Liberty Counsel.  May God bless you!

Mathew Staver, Founder and Chairman
Liberty Counsel

P.S.  After you sign our Statement of Support, please forward
this message to 10 to 20 of your friends and give them an
opportunity to review our response to the Department of
Justice’s weak and deceptive motion to dismiss our lawsuit.
Again, THANK YOU for all you have done in this crucial effort.
We can win the battle against ObamaCare IN COURT!
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