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Supreme Court Opens Door to Another Challenge to ObamaCare
Fox News ^ | 10/2/2012

Posted on 10/02/2012 1:01:24 PM PDT by Southnsoul

Tucked inside the Supreme Court's lengthy list of orders on Monday was an indication that the fight over President Obama's health care law soon could be back before the high court.

Since the court's June decision upholding the law's individual mandate to buy insurance, one of the first Obamacare plaintiffs has been fighting for a new hearing on challenges to other portions of the law.

Liberty University, a Christian college in Virginia, has been fighting the employer mandate since the law was enacted, while challenging the law on other constitutional grounds. The school got as far as the 4th Circuit Court of Appeals, which refused to hear the merits of the case. That federal court decided that the original Liberty University lawsuit was barred because of the Anti-Injunction Act, which would block any challenge to a "tax" before a taxpayer actually pays it, in this case referring to the penalties associated with failing to obtain health insurance.

In June, the Supreme Court ruled that the Anti-Injunction Act did not serve as a barrier to lawsuits challenging the health care law. On that basis, Liberty University immediately petitioned the court to allow it to renew its original case.

On Monday, the Supreme Court noted the university's renewed request and gave the administration 30 days to respond to the request, suggesting that the justices are taking the Liberty request seriously.

(Excerpt) Read more at foxnews.com ...


TOPICS: Culture/Society; Front Page News; News/Current Events
KEYWORDS: obamacare; scotusobamacare
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1 posted on 10/02/2012 1:01:27 PM PDT by Southnsoul
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To: Southnsoul

I applaud the effort, but color me cynical.


2 posted on 10/02/2012 1:14:54 PM PDT by Huskrrrr
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To: Southnsoul

this part should be a slam dunk...especially its been ruled as a “tax”....

“Tax-raising Affordable Care Act started in wrong house of Congress...”

http://www.pacificlegal.org/releases/PLF-suit-Tax-raising-Affordable-Care-Act-started-in-wrong-house-of-Congress


3 posted on 10/02/2012 1:15:22 PM PDT by mo (If you understand, no explanation is needed. If you don't understand, no explanation is possible.)
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To: mo

I thought Reid took a House Bill, gutted it, changed it’s name to Affordable Care Act with 0bamacare contents. Done. Reid is a sheister.


4 posted on 10/02/2012 1:17:57 PM PDT by Obama_Is_Sabotaging_America
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To: Huskrrrr

Cynical?
How about disgusted with the Judiciary, Congress, Senate, Presidency and especially the American people?


5 posted on 10/02/2012 1:23:35 PM PDT by Joe Boucher ((FUBO) Hey Mitt, F-you too pal)
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To: Obama_Is_Sabotaging_America

SCOTUS has ruled that adding amendments to a bill that have nothing to do with the original bill is a valid way for the Senate to get around revenue raising bills having to originate in the House.

But the bill they ruled on still contained the original parts - the new revenue stuff was tacked on.

Reid tossed out the entire bill and substituted the Odingocare verbage. That’s much different, and SCOTUS could rule it’s a no-no.

Not that I’m holding my breath...


6 posted on 10/02/2012 1:32:49 PM PDT by green iguana
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To: Southnsoul
Expecting anything sensible from the Supreme Court is a joke.
7 posted on 10/02/2012 1:36:17 PM PDT by Logical me
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To: Southnsoul

8 posted on 10/02/2012 1:37:05 PM PDT by Travis McGee (www.EnemiesForeignAndDomestic.com)
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To: mo
Tax-raising Affordable Care Act started in wrong house of Congress

Did Roberts care?

9 posted on 10/02/2012 1:41:51 PM PDT by Logical me
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To: Southnsoul

John Roberts should be imprisoned for treason!


10 posted on 10/02/2012 1:42:22 PM PDT by Doc Savage ("I've shot people I like a lot more,...for a lot less!" Raylan Givins)
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To: Logical me

Wasn’t a tax until Roberts said it was last June.


11 posted on 10/02/2012 1:45:56 PM PDT by mo (If you understand, no explanation is needed. If you don't understand, no explanation is possible.)
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To: Obama_Is_Sabotaging_America

As I recall, under the rules of the Senate, an amendment in the form of a substitute can be sent to the House if voted in the affirmative in that chamber.


12 posted on 10/02/2012 1:51:16 PM PDT by Zman (Liberals: denying reality since Day One.)
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To: Joe Boucher

Yes to all!


13 posted on 10/02/2012 1:55:14 PM PDT by Huskrrrr
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To: green iguana

“Reid tossed out the entire bill and substituted the Odingocare verbage.”

So he just kept the cover sheet? How could they possibly let that fly?


14 posted on 10/02/2012 2:31:34 PM PDT by redtetrahedron ("Before I formed thee in the bowels of thy mother, I knew thee" - Jer 1:5)
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To: Huskrrrr

Me too.
Is this really more than a waste of time and money?
Roberts has proven his allegiance.
Do we really think he is going to help the case against Obamacare in any way at this point?
I think not.


15 posted on 10/02/2012 2:40:15 PM PDT by a real Sheila (RYAN/romney 2012)
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To: Huskrrrr

Me too.
Is this really more than a waste of time and money?
Roberts has proven his allegiance to “the won.”
Do we really think he is going to help the case against Obamacare in any way at this point?
I think not.


16 posted on 10/02/2012 2:40:29 PM PDT by a real Sheila (RYAN/romney 2012)
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To: mo

don’t you know it was only a TAX when being a tax served its purpose. Now it is a FEE once again.

Makes my freaking head spin.


17 posted on 10/02/2012 2:41:55 PM PDT by a real Sheila (RYAN/romney 2012)
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To: Southnsoul

Chief Injustice Roberts will need another trip to Man’s Country with Barry to ensure the law is upheld once again as constitutional.

Despite her flaws, Harriet Miers would have been unlikely to have voted for this travesty.


18 posted on 10/02/2012 2:46:59 PM PDT by peyton randolph (FUBO and his wookie beard)
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To: Obama_Is_Sabotaging_America

he did. However the method he used has not been tested at the USSC. Many think it will fail.

I am more a 50/50 guy. Depends on Roberts.


19 posted on 10/02/2012 2:50:44 PM PDT by cableguymn (The founding fathers would be shooting by now..)
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To: green iguana

Hoping SCOTUS will create a bright shining line for future Congresses to violate is an utter fantasy.

Santa’s more realistic.

The judicial method is over. Waivers are the only swift solution. They’ll restore federalism and then our Congress can follow.

Wouldn’t it be great to have four years of GOP contol of government?


20 posted on 10/02/2012 6:37:11 PM PDT by 1010RD (First, Do No Harm)
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