Posted on 10/02/2012 1:01:24 PM PDT by Southnsoul
Tucked inside the Supreme Court's lengthy list of orders on Monday was an indication that the fight over President Obama's health care law soon could be back before the high court.
Since the court's June decision upholding the law's individual mandate to buy insurance, one of the first Obamacare plaintiffs has been fighting for a new hearing on challenges to other portions of the law.
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. 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.
In June, the Supreme Court ruled that the Anti-Injunction Act did not serve as a barrier to lawsuits challenging the health care law. On that basis, Liberty University immediately petitioned the court to allow it to renew its original case.
On Monday, the Supreme Court noted the university's renewed request and gave the administration 30 days to respond to the request, suggesting that the justices are taking the Liberty request seriously.
(Excerpt) Read more at foxnews.com ...
I applaud the effort, but color me cynical.
this part should be a slam dunk...especially its been ruled as a “tax”....
“Tax-raising Affordable Care Act started in wrong house of Congress...”
I thought Reid took a House Bill, gutted it, changed it’s name to Affordable Care Act with 0bamacare contents. Done. Reid is a sheister.
Cynical?
How about disgusted with the Judiciary, Congress, Senate, Presidency and especially the American people?
SCOTUS has ruled that adding amendments to a bill that have nothing to do with the original bill is a valid way for the Senate to get around revenue raising bills having to originate in the House.
But the bill they ruled on still contained the original parts - the new revenue stuff was tacked on.
Reid tossed out the entire bill and substituted the Odingocare verbage. That’s much different, and SCOTUS could rule it’s a no-no.
Not that I’m holding my breath...
Did Roberts care?
John Roberts should be imprisoned for treason!
Wasn’t a tax until Roberts said it was last June.
As I recall, under the rules of the Senate, an amendment in the form of a substitute can be sent to the House if voted in the affirmative in that chamber.
Yes to all!
“Reid tossed out the entire bill and substituted the Odingocare verbage.”
So he just kept the cover sheet? How could they possibly let that fly?
Me too.
Is this really more than a waste of time and money?
Roberts has proven his allegiance.
Do we really think he is going to help the case against Obamacare in any way at this point?
I think not.
Me too.
Is this really more than a waste of time and money?
Roberts has proven his allegiance to “the won.”
Do we really think he is going to help the case against Obamacare in any way at this point?
I think not.
don’t you know it was only a TAX when being a tax served its purpose. Now it is a FEE once again.
Makes my freaking head spin.
Chief Injustice Roberts will need another trip to Man’s Country with Barry to ensure the law is upheld once again as constitutional.
Despite her flaws, Harriet Miers would have been unlikely to have voted for this travesty.
he did. However the method he used has not been tested at the USSC. Many think it will fail.
I am more a 50/50 guy. Depends on Roberts.
Hoping SCOTUS will create a bright shining line for future Congresses to violate is an utter fantasy.
Santa’s more realistic.
The judicial method is over. Waivers are the only swift solution. They’ll restore federalism and then our Congress can follow.
Wouldn’t it be great to have four years of GOP contol of government?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.