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.

Remembering Father Alfred Kunz: A Murder Unsolved Watch

Image of I try not to think of how his life ended any more. Rather, I try to remember how he lived. That is because, as a Catholic, I realize how short our lives are. We all will come to an end...sooner or later. What really matters is what we do, in keeping with God's plan, while we are here on this planet. Father Alfred Kunz knew that. He knew why he was here on earth and he made an eternal difference.

By Matt C. Abbott

In the early morning of March 4, 1998, Father Alfred Kunz, a priest and canon lawyer of the Diocese of Madison, Wis., was found brutally murdered in his parish school, St. Michael's, in Dane, Wis. His throat had been slashed. To date-17 years later-the murder ... continue reading


PM Netanyahu's Clarion Call Watch

Image of Tuesday, March 3rd, 2015, President Obama, his staff, and many Democrats in Congress boycotted Israeli Prime Minister Netanyahu speech.

By Adele M. Gill

Tuesday, March 3rd, 2015, as President Obama, his staff, and many Democrats in Congress boycotted his speech, Israeli Prime Minister Netanyahu sounded a trumpet, a clarion call, for World peace. The message he delivered was cogent and clear: Peace and unity for all ... continue reading


Standing ground: Alabama Supreme Court halts same sex marriages Watch

Image of Alabama Supreme Court Chief Justice Roy Moore, who has issued opinions saying the probate judges didn't have to heed the federal court rulings to marry gay couples, appeared to be absent from the decision. His name was neither in the concur or dissent portion of the order.

By Catholic Online (NEWS CONSORTIUM)

The State of Alabama remains adamantly opposed to same sex marriages. The Supreme Court of Alabama has since ordered all the state's probate judges to stop issuing marriage licenses to same-sex couples. The decision is just the latest in a growing legal battle ... continue reading


WHY has heroin overdose deaths in the U.S. quadrupled over the past 15 years? Watch

Image of Heroin overdose death most rapidly in the Midwest, the report said. No explanation was given from the report.

By Catholic Online (NEWS CONSORTIUM)

Once considered the lowest a person could fall, heroin deaths and addiction have quadrupled over the past 15 years. Death rates from heroin overdoses have nearly quadrupled since 2000 to reach 2.7 per 100,000 people in 2013. The National Center for Health ... continue reading


Has Obama destroyed 60 years of friendship? U.S.-Israeli relations frayed after dismissive comments from President Obama Watch

Image of Israeli Prime Minister Benjamin Netanyahu spoke before a joint session of Congress on March 3.

By Matt Waterson (NEWS CONSORTIUM)

In his dramatic, and controversial, speech before the U.S. Congress, Israel's prime minister, Benjamin Netanyahu warned that the proposed agreement between the U.S. and Iran was "a bad deal" which would not hinder Iran's pursuit of nuclear weapons. LOS ANGELES, ... continue reading


What is she hiding? Hillary Clinton refused to use government email address while Secretary of State Watch

Image of Hillary Clinton did not use an official government email address while she was Secretary of State, potentially violating a law regarding open and free access to official documents.

By Matt Waterson (NEWS CONSORTIUM)

Potential 2016 Democratic Presidential nominee Hillary Clinton may have shot herself in the foot; it has been revealed that as Secretary of State, Clinton used a personal email address for official government business, which may be a crime. LOS ANGELES, CA ... continue reading


Is your teenager in danger? 1 in 5 teen girls experience dating abuse in the U.S. Watch

Image of

By Hannah Raissa Marfil (NEWS CONSORTIUM)

It seems like teenagers nowadays have forgotten what "respect your partner" means. Oftentimes, teenage couples leave one battered and the other selfish. Some even find fulfillment in impeding the rights of other people, and American teenagers have fallen into the hands ... continue reading


The top 5 things you need to know about the United States' quickly changing religious landscape Watch

Image of

By Abigail James (NEWS CONSORTIUM)

For many years, Protestants made up the majority of the United States' population. A recent report from America Values Atlas tells us that, as the United States demographically shifts, this is no longer the case. LOS ANGELES, CA (Catholic Online) - The United States as ... continue reading


EMPTY! Is there any gold in Fort Knox? Government's denial of audit raises serious concerns Watch

Image of While the U.S. government claims that about 3% of all minted gold sits in Fort Knox, recent and troubling rumors say that this is not true.

By Al Wooltin (NEWS CONSORTIUM)

About 3 percent of the gold ever refined in the entire history of mankind sits in the vaults of the United States Bullion Depository in Fort Knox, equaling about 5,000 metric tons of gold. LOS ANGELES, CA (Catholic Online) - At least this is what the government of ... continue reading


Billy the Kid's New Mexico hideout now up for sale Watch

Image of According to legend, Billy the Kid is said to have killed 21 men, but it is generally believed that he killed eight.

By Catholic Online (NEWS CONSORTIUM)

It's a beautiful home in New Mexico, spacious, with breathtaking mountain views. It's hard to believe that it at one time sheltered Billy the Kid, also known as William Bonney, one of the American Wild West's most notorious outlaws. It is now on the market for ... 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, Jeremiah 18:18-20
18 'Come on,' they said, 'let us concoct a plot ... Read More

Psalm, Psalms 31:5-6, 14, 15-16
5 to your hands I commit my spirit, by you have I ... Read More

Gospel, Matthew 20:17-28
17 Jesus was going up to Jerusalem, and on the road ... Read More

Saint of the Day

Saint of the Day for March 4th, 2015 Image

St. Casimir
March 4: Casimir grew up in a world where his life was not his own. As a ... 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