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Legal Challenge to Individual Mandate Revived

From Reuters. 

WASHINGTON (Reuters) - The U.S. Supreme Court on Monday revived a challenge to President Barack Obama’s healthcare reforms, allowing a Christian college to pursue litigation raising First Amendment objections to a law that the court mostly upheld in June.

Liberty University, based in Lynchburg, Virginia, had challenged both the individual mandate, which required all people to obtain insurance by 2014 or pay a penalty, and a separate mandate requiring large employers to provide coverage for workers.

In September 2011, a federal appeals court in Richmond, Virginia, said it lacked jurisdiction because challenging the mandates would have violated the federal Anti-Injunction Act’s ban on lawsuits seeking to halt collection of a tax.

The Supreme Court did not include Liberty’s appeal among the cases it reviewed earlier this year, which led to its upholding of the individual mandate by a 5-4 vote. A day after it ruled, the court formally declined to review Liberty’s appeal.

But the university asked for a rehearing, saying that because the 4th Circuit was wrong to decide it lacked jurisdiction, its decision should be thrown out, and a new lawsuit should proceed. The Supreme Court’s order on Monday allows that to happen.

Posted by Owen at 1012 hrs
Law + Politics + Politics - General

1. I like it.

   Adopting a liberal tactic to throw out a law one does not like.  Keep suing until it’s ruled unconstitutional.

   Posted by .(JavaScript must be enabled to view this email address) on November 26, 2012 at 1646 hrs
   
   
   

2. With every post, you become a bigger hypocrite, Kevin. And to preempt your nonsensical response, no, I don’t approve of repeated lawsuits by “liberals” to get rid of laws they don’t like. So save the holier-than-thou outrage.

   Posted by .(JavaScript must be enabled to view this email address) on November 26, 2012 at 1653 hrs
   
   
   

3. VA,

   You mean imitation of an effective liberal tactic is NOT a sincere form a flattery?

    

   Posted by .(JavaScript must be enabled to view this email address) on November 26, 2012 at 1727 hrs
   
   
   

4. Kevin,

   Excellent post. The enviro-kooks do the same thing in places like Alaska, filing lawsuit after lawsuit, which the citizens pay for, until they find a “friendly” judge who rules in their favor.

   Turnabout is fair play.

   Posted by .(JavaScript must be enabled to view this email address) on November 26, 2012 at 2125 hrs
   
   
   

5. Yeah, except just the teensiest bit of homework would tell you that the Fourth Circuit, where this case is heading, is one of the most liberal appellate courts in the country.

   They’ll hear the case, Liberty will lose again, and SCOTUS will decline to take the case on appeal. You think the court wants to sit there and allow ACA opponents to dick around and retry every little thing in that case before most of the ACA is even implemented? Fat chance. They’ll wait at least four or five years until there are substantive challenges brought once the law is implemented.

   Posted by Recess Supervisor on November 26, 2012 at 2252 hrs
   
   
   

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