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ORIGINAL: subrob1967

Supreme Court shocks life into Obamacare challenge

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It got worse.

Just two days prior, the U.S. Supreme Court revived hope – long thought dead – that Obamacare, the president’s signature achievement, might yet be ruled unconstitutional. The High Court shocked the legal community by opening its new term with an order giving the Obama Justice Department just 30 days to respond to Liberty Counsel’s petition for rehearing. Liberty Counsel filed the petition on behalf of Liberty University and two private individuals.

An appeals court in Richmond, Va., ruled that the Anti-Injunction Act, or AIA, barred the court from addressing the merits in Liberty Univ., Inc. v. Geithner, 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 claim because of the forced taxpayer funding of abortion.

You may recall that 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 the petition (because Liberty University prevailed on the AIA claim), vacate the Court of Appeals ruling 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.

Long story short: If the Supreme Court ultimately hears the case on appeal – which is highly possible as the claims are unique – and rules that the employer mandate and Free Exercise claims are legit, Obamacare dies on the vine. It’s effectively overturned. It’s like a shiny new Chevy Volt without the exploding battery. It goes nowhere fast and is towed to the junkyard of really, really stupid ideas.

Interesting times we live in...

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ORIGINAL: DesideriScuri

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ORIGINAL: tazzygirl
and you are expecting what to change?

The employer mandate and the application of the Free Exercise of Religion could create an unConstitutionality within Obamacare. If this is gets ruled against Obamacare, it could be a big blow to the legislation. The Supreme Court only ruled that the individual mandate was Constitutional as a tax. This is a different challenge, though the ruling, it would seem, would only apply to religious organizations that would have to cross tenets of their religion in following the law.

While this may exempt them, it's not likely to spread to the general public.

So, not a whole lot would likely change.

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ORIGINAL: DesideriScuri

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ORIGINAL: Owner59

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ORIGINAL: tazzygirl
and you are expecting what to change?

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ORIGINAL: DesideriScuri
So, not a whole lot would likely change.

So we`re upset about Sharia law but are OK with old white men in Italy dictating how we live here, in America......

I don't think this would spread outward to the General Public. It looks, to me anyway, that this would exempt religious companies from the Obamacare mandate.

I do so enjoy the comparison of not wanting to pay for someone else's abortion of birth control to the treatment of women under Sharia Law.

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ORIGINAL: thompsonx
Are you aware that "obamacare" is a made up word used by the ignorant to denigrate the aca?