It Looks Like Obamacare Has a Really Good Chance of Going Back to the Supreme Court
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.
- John McCain Lectures Tea Party Senator on How ‘Business’ Gets Done in Congress: ‘That’s What We’ve Been Doing for a Couple Hundred Years’ 568 Comments
- Boy Scouts of America Vote to Allow Gay Members 509 Comments
- Pope Francis’ Sermon Sparks Debate: ‘Even the Atheists’ Have Been Redeemed ‘With the Blood of Christ’ 488 Comments
- Obama Doesn’t Return Marine’s Salute, Shakes Hand Instead — Is This a Protocol Misstep? 354 Comments
- Piers Morgan Bans Dana Loesch From His Show Following Twitter Spat: ‘Show Some Bloody Respect’ 334 Comments
- Game-Changing Bombshell? There’s a Major Twist in the Story About a High School Student’s Lesbian Relationship With a Minor 262 Comments
- Is the Boy Scouts’ Gay Amendment the ‘Beginning of the End’ for the Group? (Plus: Tell Us Where You Stand) 246 Comments
- MSNBC Hosts Martin Bashir and Chris Hayes Claim London Machete Killers Aren’t Terrorists: ‘These Are Just Murderers’ 144 Comments
- Did You Catch the Possibly Policy-Changing Ft. Hood Reference in Obama’s Terror Speech? Read More
- Dem. Rep. Apologizes for Attending ‘Racist, Anti-Semitic and Homophobic’ Speech Read More
- Have You Had Scotch at a NJ TGI Friday’s Lately? You Might Have Been Drinking Rubbing Alcohol Read More
- Venezuelan President Blames Toilet Paper Shortage on the Rich Read More
- This Terrible Chart Shows the Change in Food Stamp Participation Over the Last 10 Years Read More
- Disney Makes Absolutely Mortifying Photoshop Mistake Read More
- Trey Gowdy at It Again — This Time with a Jack Bauer Reference! 117 Comments
- Lion Named ‘Bonedigger’ and Small Dog Make Most Unlikely Companions Read More
- Rocket Bike Sets Land Speed Record — and Uses a Fuel You Wouldn’t Expect Read More
- How 3D Printing Technology Created a Special Part for Baby’s Windpipe and Saved His Life Read More
- 6 Fascinating Spy Gadgets You’ll Probably Want (and Can Have) After Seeing Read More
- How Would a 3D-Printed Shotgun Slug Hold Up? Here’s the Test Read More
- Stone Temple Pilots sue ex-frontman Scott Weiland
- Sanabia : I didn't know spitter was against rules
- News Corp. OKs poison pill, buyback before split
- Toronto mayor denies he smokes crack cocaine
- Trucker bumps I-5 bridge, sees tragedy behind him
- Cochran, Perry tied for lead in Senior PGA
- Report: Yahoo, pay-TV operators among Hulu bidders
- Bayern faces Dortmund in Champions League final