SCOTUS Opens Door to New Obamacare Challenge

photo credit: onecle

It feels a bit like deja vu all over again. The Supreme Court has ordered an appeals court to reopen arguments on the Affordable Care Act’s employer mandate and contraceptive coverage provisions, opening a potential path back to the highest court by late 2013.

The case at hand is one filed Liberty University, a Christian college in Virginia. The university had filed one of the earlier suits against the health care law, which was among the dozens dismissed by the Supreme Court when it ruled the Affordable Care Act’s individual mandate to be constitutional.

The Liberty University case also is unique in that it was the only one where the appeals court decided it couldn’t even make a ruling, given that the provisions it was supposed to rule on hadn’t come into effect. The Fourth Circuit Court of Appeals ruled that the Anti-Injunction Act precluded any rulings about the mandate’s constitutionality before the mandate actually took effect and individuals began paying penalties.

The Supreme Court sided against that viewpoint. In its decision, the justices said that it was within the court’s power to rule on the health law now. That leaves Liberty wanting some answers on the provisions it challenged in court. The Obama administration also agreed that these issues should go back to the Fourth Circuit. Other courts are already hearing new challenges to the health care law, too.

Liberty University doesn’t want to challenge the individual mandate; we already know what the Supreme Court thinks about that. But it does want are answers on two other provisions that it challenged: the mandate that employers provide insurance coverage and the requirement that contraceptives be covered. ”Petitioners’ remaining claims should be subject to adjudication by the lower courts,” Liberty University’s lawyers wrote in a July 2012 petition for re-hearing.

Read more from this story HERE.

  • Paul in Orlando

    Let us look at the big picture here! Let’s see… Social Security, Medicare, Medicaid, college assistance programs, housing assistance programs and ALL other entitlement programs is in SERIOUS debt because we can’t afford them. Ho do we fix it? Simple, add a massive health care programs! So how are we going to pay for the Obummer Care when we can’t pay for what we have?! Go ahead and try to tell me this nation will survive this mess. NOT POSSIBLE PEOPLE! Our nation WILL collapse and none of these programs, or otherwise, will matter. Enjoy it while you can.

    • LM

      Hmm lets see Obama care socialist program ………. social security it has the word social in it sounds kinda socialist to me. Medicare medicaid collage assistance all other entitlement programs socialist. So a hardcore true republican would say what… to save money scrap it all???? Yes it goes without saying as i have read in here many many times socialism equals communism and if that is true then we must erase all social programs from our government is that not so…. i’m a little confused exactly what kind of these socialist programs are good and which are not? Oh of course the ones if you were close to collecting Social Security or medicare would be considered good lololol.