Liberty University, Inc. et al v. Geithner et al


Western District of Virginia


Liberty University, Inc., and five individuals


Timothy Geithner, Kathleen Sebelius, Hilda Solis, Eric Holder


Norman K. Moon, Referred to: Magistrate Judge Michael F. Urbanski

Case number:



Plaintiffs’ case is similar to Virginia v. Sebelius, challenging the Patient Protection and Affordable Care Act based on Virginia law. The Plaintiffs object to the use of public funds for abortions, and also raise objections on First Amendment grounds, including an assertion that PPACA expresses a preference for one religion over others. Finally, the Complaint claims that PPACA violates the guarantee of a Republican form of government.

Status: An Amended Complaint was filed July 30. The Defendants have filed a Motion to Dismiss the case.  A hearing on the Motion to Dismiss occurred on October 22. On November 30, the Court granted the Defendants' Motion to Dismiss.  On December 1, Plaintiffs filed for appeal.

On May 10, 2011, a three-judge panel from the Fourth Circuit Court of Appeals heard oral arguments in this case.  The panel was comprised of two Obama-appointees and one Clinton-appointee.

On September 8, 2011, the Fourth Circuit panel dismissed the case.  They found that the individual mandate is a tax (the first court to do so), and because of the Anti-Injunction Act, plaintiffs cannot challenge it in court until it is collected (in 2014).

Related Blog Posts:

Fourth Circuit Requests Supplemental Briefs in Liberty, Virginia Cases

Audio Files of Today's Oral Arguments

Today in Richmond

About Today's Judges - The Fourth Circuit Selection

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PDF Files:


Defendants' Memorandum in Support of Motion to Dismiss

Plaintiffs' Memorandum in Opposition to Motion to Dismiss

Judge Moon's Order Granting Motion to Dismiss (Memorandum Opinion)




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