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Mathew Staver, Chairman Liberty Counsel Action

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March 29, 2012

The Supreme Court’s final decisions on the Patient Protection and Affordable Care Act (ObamaCare) will likely come down more to ideology than to the Constitution itself.

Why do I believe this to be true? As a constitutional attorney who has argued before the Supreme Court, and having spent countless hours in the litigation process against ObamaCare, I firmly believe that the mandates forcing individuals and employers to obtain or provide government-defined health insurance are patently unconstitutional.


The only way for the High Court to rule in favor of ObamaCare’s individual mandate would be to essentially rewrite the Constitution and ignore its text and history.

As I wrote in my book Take Back America, Congress does not have unlimited authority to regulate private actions.  If the Constitution does not give Congress the power to act, then Congress cannot act. Congress clearly lacks the constitutional authority to force individual to have – or businesses to provide – health insurance.

That leads us back to the Justices’ ideologies – their views of the letter of the law as contained in the Constitution coupled with their political and social persuasions. It’s not the way it should be, but that’s the way it is.

I have recorded part three of my special audio series of messages discussing these historic hearings. Please click here to hear my exclusive update on today’s events – or to hear any of the three messages:

++The next 48 hours are crucial!    

With the oral arguments now complete, the nine Justices of the United States Supreme Court will now decide the fate of ObamaCare – and in doing so, their decision will affect every American.

The Justices will meet on Friday to confer on their preliminary thoughts and take a vote. Beginning with Chief Justice Roberts and moving to the most junior, Justice Kagan, each Justice will vote. Then the most senior Justice or the Chief who is in the majority will assign written tasks.

But, as I said in my audio update last night, there is certainly precedence for the possibility that a Justice could change his or her mind after the preliminary vote, and even cause a shift of the majority by switching votes.  

After listening to the three days of debate at the Supreme Court, I am convinced that this decision is going to be VERY CLOSE. In fact, I believe this Court is split. If the votes are cast along ideological lines, one Justice may decide the fate of ObamaCare and the history of our nation.   

That’s why I am calling for you and all Liberty Counsel partners to be in prayer over the next 48 hours – and until the final decisions are released in June.

These Justices, while holding a tremendous amount of power and responsibility in the judiciary of our nation, are human beings who deserve to be lifted up in prayer in such a momentous situation!   

++Hear my special audio update on the Supreme Court hearings.

As I mentioned earlier, I want to share with you my thoughts on the three days of arguments. Click here to listen to my three special audio updates:

I am more convinced than ever that we MUST pray for the Supreme Court – and to be delivered from the anti-life, anti-liberty ObamaCare law!

My prayer is, “God, please direct the minds of these nine Justices as they reach their decisions. Lord, deliver us from ObamaCare and its abortion mandates promoting the shedding of innocent blood.”  I hope you are joining me in that prayer.   

God bless you!  

Mathew Staver, Founder and Chairman

Liberty Counsel

P.S. The next 48 hours are crucial in the preliminary voting by the Supreme Court. I truly believe the future of our nation hangs in the balance in their ruling!  Please continue praying for our nation, the nine Justices, and for deliverance from ObamaCare.

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Liberty Counsel, with offices in Florida, Virginia and Washington, D.C., is a nonprofit litigation, education and policy organization dedicated to advancing religious freedom, the sanctity of human life and family.  Liberty Counsel . PO Box 540774 . Orlando, FL 32854 .800-671-1776