Skip to content
Catholic Online Logo

By Liberty Counsel

11/27/2012 (3 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 (3 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.

Record-breaking 38,000 illegal aliens apprehended in the month of April Watch

Image of April 2016 reaches new record for illegal alien apprehensions.

By Kenya Sinclair (CALIFORNIA NETWORK)

Illegal aliens continue to surge into the United States from the Southwest U.S. border, leading the U.S. Customs and Border Protection (CBP) units to announce record-breaking apprehensions in April, 2016. LOS ANGELES, CA (Catholic Online) - According to the U.S. ... continue reading


Edward Nero, arresting officer of Freddie Gray, NOT GUILTY. Will Baltimore erupt once more? Watch

Image of Officer Edward Nero arrives at court. Nero has been acquitted of crimes in the death of Freddie Gray.

By Marshall Connolly (CALIFORNIA NETWORK)

The arresting officer in the Freddie Gray case, Edward Nero, has been declared "not guilty" by the judge in his criminal trial. Now, the community waits to see if violence will erupt or if the streets will remain quiet. LOS ANGELES, CA (California Network) - Officer ... continue reading


Tell Me About the Trinity: Honoring Jerry and Plumbing the Mystery of God Watch

Image of

By Deacon Keith Fournier

'The mystery of the Most Holy Trinity is the central mystery of Christian faith and life. It is the mystery of God in himself. It is therefore the source of all the other mysteries of faith, the light that enlightens them. It is the most fundamental and essential ... continue reading


Father Frank Pavone on Father Daniel Berrigan's Pro-Life Activism Watch

Image of Fr. Daniel Berrigan

By Fr Frank Pavone

Father Berrigan was a radical figure who sent a total of almost seven years in prison.  What many don't realize though is that his activism extended beyond the anti-war movement and into the anti-abortion movement. Believing in what he called a consistent ... continue reading


Law allows persons to sue if you don't use the correct pronoun out of 58 to describe a person's sexual identity Watch

Image of We're going to need a lot more restrooms.

By David Drudge (CALIFORNIA NETWORK)

Under a new law, businesses in New York will be fined if they don't use a person's preferred pronoun when referring to them. This especially becomes a problem when it is understood there are at least 58 possible pronouns with at least five grammatical variations ... continue reading


Science fiction? Feds discover the 'Grocery List,' post tweets to promote new technology Watch

Image of After millions of dollars in federal spending, government scientists have discovered the grocery list technology. Where would we be without such courageous efforts?

By Marshall Connolly (CALIFORNIA NETWORK)

The Federal Government has discovered the grocery list technology. This unlock apparently occurred recently as the Department of Agriculture sent encouraging, rapid-fire tweets to the public about how to use this remarkable new advancement. LOS ANGELES, CA (California ... continue reading


Texas to build own version of Ft. Knox, is secession next? Watch

Image of Texas is bringing home its gold.

By David Drudge (CALIFORNIA NETWORK)

Texas is taking another step to becoming an independent Republic by recalling its gold and other precious metals home. A private company is planning to construct a bullion depository south of Houston, creating a virtual Ft. Knox for the state. LOS ANGELES, CA ... continue reading


We Need a New Pentecost and Whatever Happened to those Charismatic Catholics? Watch

Image of The fire of Pentecost

By Deacon Keith Fournier

I am one of countless thousands upon thousands whose life was profoundly changed by an experience, an encounter, with the Holy Spirit decades ago. I am old enough to remember when we who had this encounter were sometimes  called Pentecostal Catholics. That ... continue reading


The Obama Department of (In) Justice Takes on North Carolina, Civil Rights, and Sexual Difference Watch

Image of Federal Attorney General Loretta Lynch and North Carolina Governor McCrory

By Deacon Keith Fournier

If you rely on the main stream media for your news reports, you will not hear the truth of what is really happening in North Carolina. Much of the media uses Orwellian newspeak in its reports and has degenerated into a propaganda wing of the current ... continue reading


Will Texas leave the United States? Watch

Image of Texas plans to secede from the United States (texas.gov).

By Kenya Sinclair (CALIFORNIA NETWORK)

Texas has been thinking about seceding from the United States for quite a while. Now, after a Wednesday meeting of the Platform Committee of the Texas Republican Party, a Texas independence resolution will be up for vote during this week's GOP convention. LOS ANGELES, ... continue reading


All U.S. News

Newsletters

Newsletter Sign Up icon

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

Subscribe to Catholic OnlineYouTube Channel

the FEED
by Catholic Online

  • Nun fatally attacked in South Sudan
  • Prayer to Holy Michael the Archangel HD Video
  • St. Mary Magdalene de Pazzi: Saint of the Day for Wednesday, May 25, 2016
  • Goodbye El Nino! Hello La Nina! What does this mean for the Atlantic ...
  • Daily Readings for Wednesday, May 25, 2016
  • Benedict XVI to make public appearance?
  • Daily Reading for Thursday, May 26th, 2016 HD Video

Daily Readings

Reading 1, First Peter 1:18-25
18 For you know that the price of your ransom from the futile way of life ... Read More

Psalm, Psalms 147:12-13, 14-15, 19-20
12 Praise Yahweh, Jerusalem, Zion, praise your God.13 For he ... Read More

Gospel, Mark 10:32-45
32 They were on the road, going up to Jerusalem; Jesus was walking on ... Read More

Saint of the Day

Saint of the Day for May 25th, 2016 Image

St. Mary Magdalene de Pazzi
May 25: It would be easy to concentrate on the mystical ... Read More