FedSoc Blog

SCOTUS Revives Christian College’s Challenge to Affordable Care Act


by Publius
Posted November 26, 2012, 10:29 AM

The AP reports:

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.

A federal district judge rejected Liberty's claims, and the 4th U.S. Circuit Court of Appeals ruled that the lawsuit was premature and never dealt with the substance of the school's arguments. The Supreme Court upheld the health care law in June.

The justices used lawsuits filed by 26 states and the National Federation of Independent Business to uphold the health care law by a 5-4 vote, then rejected all other pending appeals, including Liberty's.

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.

This Wednesday, November 28, 2012, FedSoc's Georgetown Student Chapter and the John Templeton Foundation are hosting a debatea on the subject "ACA Challenge II: A Constitutional Debate What Questions are Left for the Court and America?" Details are available here.

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