Skip to comments.Supreme Court revives challenge to ObamaCare on religious-liberty grounds
Posted on 11/26/2012 7:48:56 AM PST by SeekAndFind
A decision by the Supreme Court this morning opens up a potential new avenue of attack against ObamaCare on the grounds of religious liberty — and not just the HHS contraception mandate. The court overturned the dismissal of a lawsuit brought by Liberty University over the health-system overhaul, in a move that was not opposed by the Obama administration in court:
The Supreme Court has revived a Christian college’s challenge to President Barack Obama’s healthcare overhaul, with the acquiescence of the Obama administration.
The court on Monday ordered the federal appeals court in Richmond, Va., to consider the claim by Liberty University in Lynchburg, Va., that Obama’s health care law violates the school’s religious freedoms. …
The school made a new filing with the court over the summer to argue that its claims should be fully evaluated in light of the high court decision. The administration said it did not oppose Liberty’s request.
Liberty is challenging both the requirement that most individuals obtain health insurance or pay a penalty, and a separate provision requiring many employers to offer health insurance to their workers.
The appeals court could ask the government and the college for new legal briefs to assess the effect of the Supreme Court ruling on Liberty’s claims before rendering a decision.
Why didn’t the White House oppose LU’s motion? The timing issue is now largely moot, thanks to that 5-4 decision that upheld the individual mandate as a tax. The lawsuit would have been refiled shortly in any case, which would have only provided a slight delay to the inevitable.
This lawsuit differs from the previous cases used by the Supreme Court to determine the constitutionality of the law. None of the earlier plaintiffs brought up the religious-liberty issue, in large part because HHS hadn’t formulated its arrogant posture that the government can define religious expression. With the HHS contraception mandate now in place, the violation of the First Amendment has now become concrete, and the courts will soon have to decide just how to square the language that that clearly stipulates that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof” with the HHS regulation that attempts to restrict religious exercise to only within the walls of a church, synagogue, or temple.
Getting that addressed sooner is a victory in the short run for everyone. Let’s hope that the appeals courts and the Supreme Court recognize the violation sooner rather than later, too, before the Obama administration forces religious organizations to close doors on hospitals, clinics, charities, and schools.
It seems like any reason at all is sufficient to opt out of Obamacare and, according to the law itself, nobody is really required to participate.
No individual, company, business, nonprofit entity, or health insurance issuer offering group or individual health insurance coverage shall be required to participate in any Federal health insurance program created under this Act (or any amendments made by this Act), or in any Federal health insurance program expanded by this Act (or any such amendment), and there shall be no penalty or fine imposed upon any such issuer for choosing not to participate in such programs.
Does this work? Its from the Obamacare law itself.
I’m sensing a couple of retirements from SCOTUS... perhaps just in time for them to review this? If Obama stacks the court, we’re done anyway.
I’ve been reading the news on the internet everywhere relating to this particular decision.
I can’t find one news that tells us how the decision went and which Justice voted for or against the new hearing.
If you or anyone knows how the justices decided, I’d be grateful if it can be posted on this thread.
Looks like OmamaCare will be used to limit freedom of religion also. I have no hope for a decision in our favor. The more suits brought against it, the more it will be used to limit freedoms. I see the day when it will be used to limit gun ownership. Drs. already asking about guns in the home. Mandatory insurance with a clause outlawing guns.
RE: Im sensing a couple of retirements from SCOTUS..
Let’s hope and pray Ruth Ginsberg says bye bye first.
Please, God, mercy.
I recall reading here that the moslem crowd in the US were exempt from barrycare. Wondering if that was for real.
As for Roberts on the ruling, I’m betting it was blackmail. They Petraeused him.
It’s just on that narrow issue only and I’m with whoever posted “why do I see Lucy, Charlie Brown and a football.”
You know it’s bad when the Obama admin also asked the Court to hear it.
They had the perfect opportunity to kill this monstrosity and not only didnt do it, the Chief Justice DID SOME FREAKING JUDICIAL BACKFLIPS NOT TO KILL IT. At most they might strip out the birth control requirement but I doubt they will even do that. In any case 99.999% of the law will survive.
Lets hope and pray Ruth Ginsberg says bye bye first.
I am not so sure that is a good idea. I would rather they all stay as is because all Obama will do is put a younger and even more radical replacement for her.
he did more than hope for the pubs to take control... he gave the pubs tools, with his ruling, to dismantle most of the libs more cherished programs...
he gave us ammo to fight with..
he also warned us that we get the government we elect...
we failed on the election, and if one of the conservative justices retires or goes away, so does the ammo roberts gave us..
his hands are not clean, he wrote an opinion that decimates the libs, and the only way to get it was the road he took..
those that call him a traitor are indeed misguided. He is not the traitor, those that stayed home on election day are the true traitors, and they as a group just disgust me..
they should be banned from this website.
What are LU’s complaints, specifically? What religious liberties is LU saying Obamacare infringes upon?
Thiss time, I believe, the High Courts will strike it down. How about a prayer thread to that effect?