Health-care reform overhaul challenge: Let’s try it again, court says
The U.S. Supreme Court today revived a challenge to President Barack Obama’s health-care reforms, allowing a Christian college to pursue litigation raising First Amendment objections to a law that the court mostly upheld in June, Reuters reported.
Virginia-based Liberty University had challenged both the individual mandate, which requires all people to obtain insurance by 2014 or pay a penalty, and a separate mandate requiring large employers to provide coverage for workers.
In September 2011, a federal appeals court in Richmond, Va., said it lacked jurisdiction because challenging the mandates would have violated the federal Anti-Injunction Act’s ban on lawsuits seeking to halt collection of a tax.
The Supreme Court did not include Liberty’s appeal among the cases it reviewed earlier this year, which led to its upholding of the individual mandate by a 5-4 vote. A day after it ruled, the court formally declined to review Liberty’s appeal.
But the university asked for a rehearing, saying that because the 4th Circuit Court of Appeals was wrong to decide it lacked jurisdiction, its decision should be thrown out, and a new lawsuit should proceed. The Supreme Court’s order today allows that to happen.