WASHINGTON — The Supreme Court rectified an oversight Monday and gave a Baptist university in Virginia a chance to argue in a lower court two claims that were not considered in June when the justices upheld President Barack Obama’s health care law.
Lawyers for Liberty University say it is unconstitutional for the government to require large employers to provide health insurance to their full-time workers or pay a tax.
No one has seriously disputed that the federal government has broad power to regulate employers, and the justices did not even consider this claim earlier this year. Instead, the justices debated whether Congress could require an individual to buy insurance or pay a tax, the so-called individual mandate. The court upheld that requirement in a 5-4 decision.
Liberty’s lawyers also say the “forced funding of abortion” under the federal law violates the school’s right to religious liberty. Administration officials say the law does not require funding of abortions, and district judges have rejected the claim.
Nonetheless, since Liberty University’s claims had not been heard or decided, the justices issued a one-paragraph order allowing the university to raise these claims before the 4th Circuit Court of Appeals in Richmond, Va.
Last month, the Obama administration told the justices it had no objection to such an order.
In late June, after upholding the health care law in a case called National Federation of Independent Business vs. Sebelius, the justices turned down a series of appeals that had challenged the law as unconstitutional. Liberty University’s case was among them.
But Liberty’s lawyers asked to have their appeal revived, since their claims had not been heard.
The high court’s order does not suggest, however, that the justices are reconsidering the issue.
Mathew Staver, dean of Liberty University’s law school, said the order “breathes new life into our challenge to Obamacare. Our fight … is far from over.”
But many legal experts doubt the new challenge will go far.
Liberty University allowed to argue claims against health care law
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Nonsense. Running a school isn’t necessary to your religion liberty. No one is barring you from gathering and practicing. What the government is saying though is that there will be standards for healthcare coverage — your religion is no excuse to skirt those standards. If you don’t like it, get out of the business. This has nothing to do with religious liberty.
They are all about “liberty”, don’t you know. That is, as long as it fits their agenda.
Er, you do understand that ‘practicing’ involves doing some things and not doing others, don’t you? And that the government’s requiring you to do things your religion forbids very much interferes with your practicing of it? That’s why conscientious objectors have always been excused on religious grounds.
Again, nonsense. Running a university is required in order to practice your religion?
“Good luck” with that Liberty University. You rage against the wrong things. Not saying they don’t have a right to argue their claim, however. No one is denying them the ability to do that. I hope they are fighting just as strenuously to help those who have a child too soon (maybe as the result of rape) and do not have family help or the ability to handle it alone. And do they do a lot in the efforts to level the “playing field” somewhat so not so many children in this country are homeless (living in shelters) and going to bed hungry? Maybe that would be a much more commendable priority to put their time and energy to.
What is it that Wing nuts are so freaked out about Madrasas, but nobody seems to bat an eye at the notion of a Christian school (which is just as wacky)?
Gee Liberty “University” …
Who’s going to pay for the contraceptive aspirin that your female “students” need to hold between their knees?