Supreme Court Revives Liberty University Challenge to ObamaCare

By:  Dave Bohon
11/29/2012
       
Supreme Court Revives Liberty University Challenge to ObamaCare

The U.S. Supreme Court has breathed new life into a federal lawsuit filed by Liberty University that challenges the constitutionality of the Patient Protection and Affordable Care Act, also known as ObamaCare.

The U.S. Supreme Court has breathed new life into a federal lawsuit filed by Liberty University that challenges the constitutionality of the Patient Protection and Affordable Care Act, also known as ObamaCare, requiring individuals to obtain health insurance or pay a penalty, as well as forcing employers to offer health insurance for their employees. As with more than 40 other lawsuits against the healthcare act, the Liberty suit also challenges ObamaCare's contraception mandate requiring employers to include abortion-causing drugs with their insurance coverage at no cost to their employees.

Liberty Counsel, the legal advocacy group that is connected with Liberty University's law school and is representing the university in the case, noted that on the day Obama signed his namesake health bill into law in 2010, it filed the first private lawsuit against ObamaCare, challenging the constitutional authority of Congress to pass the law in the first place, as well as charging that the law's contraception mandate violates the First Amendment's free exercise of religion clause and the 1993 Religious Freedom Restoration Act.

In 2011 the 4th U.S. Circuit Court of Appeals in Virginia ruled that the federal Anti-Injunction Act barred the court from addressing the merits of Liberty University's case, and while the Supreme Court dismissed Liberty's initial appeal when it upheld the ObamaCare law in a June ruling, on November 26 the High Court ordered the 4th Circuit to reconsider the case based on a new appeal from Liberty University.

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