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.

Hurricane Katrina: Ten Years Later Watch

Image of Hurricane Katrina tore communities apart.

By Kenya Sinclair (NEWS CONSORTIUM)

Hurricane Katrina left nearly 2,000 people dead and thousands more were homeless and wounded. LOS ANGELES, CA (Catholic Online) - In 2005, Hurricane Katrina caused America's most expensive natural disaster, with a repair bill of $150 billion. Entire roads were washed ... continue reading


PASTORPOCALYPSE - At least 400 church leaders to RESIGN Sunday after Ashley Madison accounts revealed Watch

Image of At least 400 pastors are expected to resign this Sunday.

By Marshall Connolly, Catholic Online (NEWS CONSORTIUM)

This Sunday could be a distressing day for millions of churchgoers across the country. As many as 400 pastors, some of them leading megachurch congregations, may resign following the Ashley Madison leak. LOS ANGELES, CA (Catholic Online) - Hypocrisy can be found in ... continue reading


Christian man beaten to death by Muslim refugees in Maine Watch

Image of Freddy Akoa, the victim of a savage beating by three men.

By Kenya Sinclair (NEWS CONSORTIUM)

An assumed Christian man was found dead in his apartment with a bloody Bible near his head. The murder is believed to have been committed by three Muslim refugees who attended a party at the dead man's home in Portland, Maine. LOS ANGELES, CA (Catholic Online) - ... continue reading


St Augustine on a Personal Relationship with Jesus Watch

Image of St Augustine

By Deacon Keith Fournier

But we too can encounter Christ in reading Sacred Scripture, in prayer, in the liturgical life of the Church. We can touch Christ's Heart and feel him touching ours. Only in this personal relationship with Christ, only in this encounter with the Risen One do we ... continue reading


'We're going to get through this together': WDBJ stands together the day after the tragic live-shooting of reporter and cameraman Watch

Image of Colleagues hug during the moment of silence for their fallen team members.

By Kenya Sinclair (NEWS CONSORTIUM)

WDBJ-TV station grieves the loss of Alison Parker and Adam Ward the morning after their on-air murders.  Los Angeles, California (Catholic Online) - Thursday morning was emotional, as WDBJ-TV anchor Kim McBroom joined hands with anchor Steve Grand, who came in ... continue reading


Colorado movie theater assassin James Holmes will never step outside of a prison - ever Watch

Image of Obsessed with killing people since he was a teenager, James Holmes said he studied neuroscience in part to fix his own

By Catholic Online (NEWS CONSORTIUM)

On July 20, 2012, James Eagan Holmes, now 27, walked into an Aurora, Colorado movie theater during a late-night showing of "The Dark Knight Rises." He opened fire, killing 12 people and wounded 70. Holmes will never step outside a prison ever again - he was sentenced ... continue reading


Bizarre, twisted story trails behind Virginia TV reporter killer Vester Flanagan Watch

Image of Failed TV news anchor Vester Flanagan was notorious for his

By Catholic Online (NEWS CONSORTIUM)

Stories have come forward regarding 41-year-old former TV news reporter Vester Flanagan, accused in the on-air shooting deaths of 24-year-old WDBJ reporter Alison Parker and 27-year-old camera operator Adam Ward. Flanagan, who committed suicide after the ... continue reading


Vatican did not consent to sponsor Palestinian flag initiative at United Nations Watch

Image of Only member states' flags are currently eligible to fly at U.N. headquarters.

By Catholic Online (NEWS CONSORTIUM)

It seems that certain parties leapt to conclusions too readily... The Vatican has requested that the Palestinian U.N. mission to remove all references to the Holy See from a draft resolution. The Palestinians have put forth a formal request to the U.N. General Assembly ... continue reading


Now legal for police to fly drones armed with weapons in North Dakota Watch

Image of Police drone illustrating abilities to release tear gas from above.

By Talia Ramos (NEWS CONSORTIUM)

With the last-minute push of pro-police lobbyists, it is now legal for the North Dakora law enforcers to fly drones equipped with "less than lethal" weapons such as tasers, pepper spray and tear gas. MUNTINLUPA, PHILIPPINES (Catholic Online) - During a hearing in ... continue reading


Catholic hospital forced to bow down before ALCU, will perform sterilization - religious freedom dying in the name of convenience Watch

Image of A Catholic hospital in Redding, CA has been forced to agree to perform a sterilization procedure.

By Marshall Connolly, Catholic Online (NEWS CONSORTIUM)

The ALCU has succeeded in forcing a Catholic hospital to perform a sterilization procedure in what is certainly a direct affront to religious freedom. More importantly, the case could be a predictor of how the larger issue of religious freedom will play out across the ... 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, First Thessalonians 4:1-8
1 Finally, brothers, we urge you and appeal to you in ... Read More

Psalm, Psalms 97:1, 2, 5-6, 10, 11-12
1 Yahweh is king! Let earth rejoice, the many isles ... Read More

Gospel, Matthew 25:1-13
1 'Then the kingdom of Heaven will be like this: Ten ... Read More

Saint of the Day

Saint of the Day for August 28th, 2015 Image

St. Augustine of Hippo
August 28: St. Augustine of Hippo is the patron of brewers because of his ... 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