September 19, 2011
The Fund for Personal Liberty Banner
Your body. Your health. Your choice.

The Medicare Lawsuit seeks to restore your freedom to completely opt out of
Medicare without giving up your Social Security benefits.

Dear Friends,

Great news! All of the Medicare Lawsuit briefs have been submitted to the US Court of Appeals in Washington, DC, and we are on track for oral arguments on October 13, 2011. Our lawsuit argues that "entitlements" are not "mandates" and that retirees should be able to receive Social Security Retirement benefits without being forced to enroll in Medicare Hospital Insurance (Part A).  Reading: First Brief (73 pages) and Reply Brief (32 pages)

The most common question I'm asked is, "Why would someone not want to participate in a free program after paying a taxes for decades?"  Terry C. of Nevada wrote:

I would like to share my own unique reason for wanting to opt out of Medicare.

I am 64 and retired, having started receiving SS at 62.  My wife and I live 10 months a year in France and 2 months in Boulder City, Nevada.  I am healthy and because of our visa for French retirement, we each have a high deductible health insurance policy and HSA's from which we draw cash to pay for our medical care as needed. This practice has served us well for years. Next year I will be 65 and under the present SSA policy, I will be forced to take a Medicare card.  The problem for me is that Medicare will not pay for my care outside the U.S. where I live!

It is useless for us to have Medicare. It is worse than useless in fact because just having Medicare makes me ineligible for my HSA which actually serves me well.

Like co-plaintiff John Kraus, Terry's HSA is "moribund." By mandating participation in Medicare,  retirees who set aside funds for future medical expenses lose their ability to freely direct their health care dollars.  We argue that this is unconstitutional.

Useful Links

Home Page


Brochure 2011 new!


Past Updates



Other News:

PPACA - We filed the Medicare Lawsuit in October, 2008, not realizing that a year and a half later the Patient Protection and Affordable Care Act would become law on March 23, 2010. The PPACA has drawn many challenges in the courts and rulings have been split between regarding its constitutionality.  On August 12, 2011, the 11th Circuit Court of Appeals agreed that the mandate was unconstitutional, but held that it could be severed, allowing the rest of the PPACA to remain (article in the WSJ).

Freedom Fest 2011 - Co-Plaintiff John Kraus, board member Brett Wilhelm, and I met at FreedomFest this year in Las Vegas. While attending we distributed our new brochure. You have permission to distribute the brochure by printing it from the website, or if you prefer, we have spare copies. Please phone if you would like to order brochures or reply cards for distribution at an upcoming event.

Finances - In June, I wished for $10,000 before month's end. Donors, thank you for granting my wish! Our needs are ongoing, the work in the US Court of Appeals has required our attorneys to work intensely over a short period of time. Please help us continue to pay for their efforts on behalf of health freedom. (Donate)

October 13, 2011 - Our case will be argued in the US Court of Appeals before a three-judge panel. Each side will have 30 minutes to present their case. We hope to have as many interested parties present, as possible, so if you would like up-to-the minute information on the hearing, please let me know.

Mailing List - My wish is to double our mailing list stands. (Subscribe) Please continue to invite your friends to follow the Medicare Lawsuit. By helping us grow our mailing list, you will help us demonstrate broad public support, a necessary task for our organization.

Donate - Lawsuits in the Federal Courts are expensive. Your donations encourage us to fight for health freedom. All donations, large and small, are appreciated and precious. We need your support to see the Medicare Lawsuit through to its conclusion -- for your health freedom.


Martha's Signature

Photo of Martha

Martha de Forest
Executive Director
(360) 830-6842

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OR ... to donate by mail, please make check out to:

c/o Brett Wilhelm, Secretary
PO Box 940
Freeland, WA 98249

"Litigating for Your Health Freedom" ~ The Fund for Personal Liberty is a non-partisan, non-profit 501(c)(3), all donations are tax deductible. Legal Disclosures. Learn more about the Medicare Lawsuit at