Way cleared for health care challenge

[Valin]

SCOTUSblog:

Lyle Denniston

11/26/12

 

The Supreme Court on Monday arranged for a Virginia university to go forward with new challenges to two key sections of the new federal health care law — the individual and employer mandates to have insurance coverage. The Court did so by returning the case of Liberty University v. Geithner (docket 11-438) to the Fourth Circuit Court to consider those challenges. The Court last Term had simply denied review of Liberty University’s appeal, but on Monday wiped out that order and agreed to send the case back to the appeals court in Richmond for further review.

 

(Snip)

 

The Court’s decision last Term on the new health care law upheld, under Congress’s power to tax, the requirement that virtually all Americans have health insurance by 2014, or pay a penalty. That is the individual mandate. The law also contains a somewhat similar mandate, requiring all employers with more than fifty employees to provide them with adequate insurance coverage. The Court had declined to rule on that issue last Term.

 

Liberty University has been pursuing a challenge to both mandates, based on claims that they violate rights to religious freedom or to legal equality under the Constitution. The Fourth Circuit had not ruled on either of those claims, because it ruled that Liberty was barred by the Federal Anti-Injunction Act from suing to stop those mandates. That is one of the issues the Circuit Court will have to reconsider when the case is returned there. The Court cleared the way for doing so by vacating and remanding the Circuit Court’s earlier decision.

[clearvision]

So this is to challenge the requirement that companies have to pay or pay a fine?

[Valin]

So this is to challenge the requirement that companies have to pay or pay a fine?

 

I believe so.

[Draggingtree]

So this is to challenge the requirement that companies have to pay or pay a fine?

 

I believe so.

SCOTUS orders appeals court to hear Liberty University health care lawsuit

By JENNIFER HABERKORN | 11/26/12 10:06 AM EST Updated: 11/26/12 11:48 AM EST

 

The Supreme Court on Monday ordered the Fourth Circuit Court of Appeals to examine the constitutionality of the health reform law’s employer requirements and mandatory coverage of contraceptives without a co-pay.

 

The move could open the door for President Barack Obama’s health law to be back in front of the Supreme Court late next year.

 

The Supreme Court responded to a request from Liberty University, one of the groups that sued over the health care law’s individual mandate in 2010. When the court ruled in June that the mandate was constitutional, it dismissed Liberty’s entire lawsuit.

 

Over the summer, the school asked the Supreme Court to reopen its arguments against the employer mandate and the contraceptive coverage mandate, which it said were not addressed by the court's ruling this summer. The court on Monday agreed to the request and told the Fourth Circuit to hear arguments on the two pieces.

 

http://www.politico.com/news/stories/1112/84226.html

[WestVirginiaRebel]

Politico:

The Supreme Court on Monday ordered the 4th Circuit Court of Appeals to examine the constitutionality of the health care reform law’s employer requirements and mandatory coverage of contraceptives without a co-pay.

The move could open the door for President Barack Obama’s health law to be back in front of the Supreme Court late next year. But legal experts say there’s no guarantee that the justices would actually take the case — or that they’d strike down those pieces of the law if they did.

The Supreme Court responded to a request from Liberty University, one of the groups that sued over the health care law’s individual mandate in 2010. When the court ruled in June that the mandate was constitutional, it dismissed Liberty’s entire lawsuit.

Over the summer, the school asked the Supreme Court to reopen its arguments against the employer mandate and the contraceptive coverage mandate, which it said were not addressed by the court's ruling this summer. The court on Monday agreed to the request and told the 4th Circuit to hear arguments on the two pieces.

The Fourth Circuit, which traditionally moves quickly, could hear oral arguments in the case next spring.

________

 

Obamacare heads back to court.

[Valin]

@WestVirginiaRebel

 

Way cleared for health care challenge

 

 

Hi There!