Skip to content
Catholic Online Logo

By Liberty Counsel

11/27/2012 (2 years ago)

Liberty Counsel (www.lc.org/)

The ruling breathes new life into the challenge to ObamaCare

At issue is the constitutionality of the employer mandate and also whether ObamaCare's forced funding of abortion is unconstitutional under the First Amendment Free Exercise of Religion Clause and the federal Religious Freedom Restoration Act (RFRA).

US Supreme Court

US Supreme Court

Highlights

By Liberty Counsel

Liberty Counsel (www.lc.org/)

11/27/2012 (2 years ago)

Published in U.S.

Keywords: Liberty Counsel, Obamacare, Affordable care Act, rehearing, religious freedom, Matt Staver


Washington, DC (Liberty Counsel) On Monday, November 26, 2012,  the U.S. Supreme Court granted Liberty Counsel's Petition for Rehearing in the ObamaCare case of Liberty University v. Geithner. Liberty Counsel filed the petition for rehearing on behalf of Liberty University and two private individuals.

The ruling breathes new life into the challenge to ObamaCare. The Court directed that the case be reheard at the federal court of appeals in Richmond. This may pave the way for the case to return to the High Court in 2013.

At issue is the constitutionality of the employer mandate and also whether ObamaCare's forced funding of abortion is unconstitutional under the First Amendment Free Exercise of Religion Clause and the federal Religious Freedom Restoration Act (RFRA).

In 2010, Liberty Counsel filed the first private lawsuit against ObamaCare on the day it was signed by President Obama. In 2011, an appeals court in Richmond, VA, ruled that the Anti-Injunction Act (AIA) barred the court from addressing the merits in the Liberty University case, which challenged the individual mandate (Section 1501) and the employer insurance mandate (Section 1513) of ObamaCare.

In addition to the constitutional arguments that Congress lacked authority to pass the law, the suit also raised the Free Exercise of Religion and the RFRA claims because of the forced abortion funding.

The first day of oral argument was dedicated to the AIA, the issue that Liberty University's case placed before the High Court.

In June, the Supreme Court ruled that the AIA does not apply to ObamaCare.  Therefore, Liberty Counsel asked the Court to grant its petition (because Liberty University prevailed on the AIA claim), vacate the ruling of the court of appeals, and remand (send back) the case to the court of appeals to consider the Free Exercise claim and the employer mandate, neither of which were decided by the High Court.

"I am very pleased with the High Court's ruling. This ruling breathes new life into our challenge to ObamaCare. Our fight against ObamaCare is far from over," said Mat Staver, Founder and Chairman of Liberty Counsel and Dean of Liberty University School of Law.

"Congress exceeded its power by forcing every employer to provide federally mandated insurance. But even more shocking is the abortion mandate, which collides with religious freedom and the rights of conscience," Staver said.

Liberty Counsel is an international nonprofit, litigation, education, and policy organization dedicated to advancing religious freedom, the sanctity of life, and the family since 1989, by providing pro bono assistance and representation on these and related topics.

---

Liberty Counsel is a nonprofit litigation, education and policy organization dedicated to advancing religious freedom, the sanctity of human life and the traditional family. Established in 1989, Liberty Counsel is a nationwide organization with offices in Florida, Virginia, and Washington, D.C., and hundreds of affiliate attorneys across the Nation.



Comments


More U.S.

For the first time in 100 years, Yosemite National Park hosts extremely rare sighting of the Sierra Nevada red fox Watch

Image of For the first time in 100 years, the Sierra Nevada red fox has been spotted in the Yosemite National Park.

By Abigail James (NEWS CONSORTIUM)

In the first confirmed sighting in nearly 100 years, the rare Sierra Nevada red fox has been captured with motion-sensitive cameras in the Yosemite National Park. LOS ANGELES, CA (Catholic Online) - "We are thrilled to hear about the sighting of the Sierra Nevada red ... continue reading


Disaffected Colorado teenager who tried to join ISIS gets four years in prison Watch

Image of After serving four years in prison, 19-year-old Shannon Conley must spend three years of supervised release and serve community service.

By Catholic Online (NEWS CONSORTIUM)

Poor choices made in youthful hast have consequences. Nineteen-year-old Shannon Conley, from Colorado has been sentenced to four years in prison for attempting to join Islamic State. At the heart of this disturbing story is an Internet romance that went ... continue reading


Coin collectors of the world eagerly line up to see 1822 Half Eagle at convention Watch

Image of Historically, nearly 18,000 of the $5 pieces were minted in 1822. As the concentration of gold was lowered in coins after 1834, most of the earlier coins were melted down for gold.

By Troy Dredge, Catholic Online

One of the rarest coins in the U.S., the 1822 Half Eagle, originally worth only $5, will make its first public appearance in more than three decades in Long Beach this weekend. There are only three of the coins known still in existence. The coin will go on ... continue reading


California's Kern County declares state of FISCAL EMERGENCY with plunging gas prices Watch

Image of Supervisors adopted a plan to immediately begin scaling back county spending rather than making deep reductions all at once in July.

By Catholic Online (NEWS CONSORTIUM)

Kern County, in central California, relies heavily on its petroleum industry for tax revenues. While motorists nationwide are currently enjoying lower gas prices, this spells certain disaster for the County of Kern - officials there have declared a fiscal ... continue reading


Could terrorists attempt to attack the White House with a drone? Crash sparks debate over future use of drones in war Watch

Image of A small, four propeller drone, crashed on the White House lawn, spurring a discussion on whether drones may be used by terrorist groups in the future.

By Matt Waterson (NEWS CONSORTIUM)

A two-foot-long, four propeller drone crashed onto the White House grounds yesterday, raising troubling questions that drones could be utilized by terrorists or other potential murderers to attack the White House or other U.S. government institutions that have ... continue reading


The Thrill of the Chaste: Matt C. Abbott Interviews Dawn Eden Watch

Image of Dawn Eden, author of the highly-acclaimed My Peace I Give You and the Catholic edition of The Thrill of the Chaste

By Matt C. Abbott

Being a member of the Mystical Body of Christ, and receiving Jesus' own Body and Blood in the Eucharist, has given me a deeper understanding of the meaning of being embodied. I see more clearly how chastity enables one to love fully in each relationship, in the ... continue reading


GOP teams up with Israeli prime minister to forcefully override Obama's Iran policy Watch

Image of

By Catholic Online (NEWS CONSORTIUM)

House Speaker John Boehner is seeking to enlist Israeli Prime Minister Benjamin Netanyahu to support a congressional plan to override President Obama's Iran policy on March 3. Boehner hopes to bring Netanyahu to a joint session of the House and Senate. Boehner ... continue reading


The Prophetic Connection Between the March for Life and the Week of Prayer for Christian Unity Watch

Image of

By Deacon Keith Fournier

It is no accident that the March for Life always falls within the National Week of Prayer for Christian Unity. It is prophetic.We have been thrown together in a common defense of life in a western culture which has lost its moral compass. Our Marching together ... continue reading


Early Christian Deacon and Martyr Vincent Calls Us to Heroic Christian Witness in a Hostile Culture Watch

Image of Vincent was born in the Third Century in Huesca, Spain and born again to eternal life only four days into the fourth century. He lived in Saragossa where he served the holy Bishop Valerius as a Deacon.He was one of the scores of Christians who suffered brutal persecution under the evil Roman emperor named Diocletian. Diocletian is associated with the last of the ten persecutions of the nascent undivided Christian Church of the first millennium of our history.  Like many early deacons of the undivided Church such as Stephen, Lawrence and Ephrem, the hagiography which has been passed down through the Church records his holiness of life and heroic virtue. He lived the way he died, as a sign of the power of the Gospel and the truth of the presence of the Risen Jesus Christ in our midst.

By Deacon Keith Fournier

The Deacon Vincent was a man like us who encountered the same Risen Lord Jesus whom we have encountered. He struggled with the choices which always accompany living the Christian life in the midst of a culture which has squeezed God and His truth out of the ... continue reading


Caught in the act: Telephone scammers get comeuppance from plucky woman Watch

Image of Becoming pro-active, Rachel Fitzsimmons decided to take action in an effort to spread awareness so that others do not fall for the swindle.

By Troy Dredge, Catholic Online

Telephone solicitors threatening phony legal action are the bane of many people's existence. They typically prey upon "old-timers" who still have landlines in their homes and are home in the evenings. Rachel Fitzsimmons, of Denver, Colorado received such a call ... continue reading


All U.S. News

Newsletters

Newsletter Sign Up icon

Stay up to date with the latest news, information, and special offers

Daily Readings

Reading 1, Hebrews 10:32-39
32 Remember the great challenge of the sufferings ... Read More

Psalm, Psalms 37:3-4, 5-6, 23-24, 39-40
3 Put your trust in Yahweh and do right, make your ... Read More

Gospel, Mark 4:26-34
26 He also said, 'This is what the kingdom of God is ... Read More

Saint of the Day

Saint of the Day for January 30th, 2015 Image

St. Aldegunais
January 30: Virgin and abess, also known as Adelgundis, Aldegonde, or ... Read More

Inform, Inspire & Ignite Logo

Find Catholic Online on Facebook and get updates right in your live feed.

Become a fan of Catholic Online on Facebook


Follow Catholic Online on Twitter and get News and Product updates.

Follow us on Twitter