Earlier this year, in a case that emerged as a landmark in the question of where Federal power over commerce and the choices of individuals ends, the Supreme Court upheld Obamacare’s “individual mandate” as a tax, but rejected it as a usage of Congress’s power under the commerce clause. The Court also ruled on questions pertaining to the law’s allocation of Medicaid.
But as any constitutional expert will tell you, this ruling need not be decisive if other issues with the law emerge. And based on a decision by the Justice Department today to recommend that the Supreme Court look at other constitutional issues raised by the President’s health care law in the face of arguments by Liberty University, it is eminently possible that Obamacare could be back before the court either this term or next, according to Fox News.
The issues raised by Liberty University are completely new, and pertain mostly to the contraception mandate, which Liberty University is challenging on the grounds of free exercise of religion. As TheBlaze’s own Becket Adams reported at the start of this month:
Despite having already ruled on the constitutionality of President Barack Obama’s landmark healthcare law, “The Patient Protection and Affordable Care Act” (i.e. “Obamacare”), the books may not be closed on this one.
“Liberty University, a Christian college in Virginia, has been fighting the employer mandate since the law was enacted, while challenging the law on other constitutional grounds. The school got as far as the 4th Circuit Court of Appeals, which refused to hear the merits of the case,” Fox News reports.
“That federal court decided that the original Liberty University lawsuit was barred because of the Anti-Injunction Act, which would block any challenge to a ‘tax’ before a taxpayer actually pays it, in this case referring to the penalties associated with failing to obtain health insurance,” the report adds.[…]
The Supreme Court on Monday took note of the university’s request and have issued the administration 30 days to respond, which may signal they’re taking the case seriously.
Now, with the administration having responded in a favorable way, chances are that Obamacare will be back in court, and once again over a mandate.
And unlike the individual mandate, it’s eminently possible that this one will be found to be clearly on the wrong side of the law.