Tuesday, January 26, 2021
Hawai'i Free Press

Current Articles | Archives

Thursday, November 29, 2012
Supreme Court Orders Appeals Court to Hear Obamacare Lawsuit
By Heritage Foundation @ 7:59 PM :: 3475 Views :: National News, Ethics

Supreme Court Orders Appeals Court to Hear Liberty University Health Care Lawsuit

www.Heritage.org

On Monday, the U.S. Supreme Court, in granting a petition for rehearing in Liberty University v. Geitner, vacated the U.S. Fourth Circuit Court’s prior dismissal of Liberty University’s challenge to Obamacare and directed the Fourth Circuit to reconsider its decision in light of the Supreme Court’s recent decision in NFIB v. Sebelius.

In essence, the Fourth Circuit held that Liberty’s challenge was premature because the tax in question had not taken effect and that Liberty could not assert its claims until that happened. The Supreme Court rejected this rationale in the National Federation of Independent Businesses (NFIB) case, holding that the individual mandate was not a tax for purposes of the Anti-Injunction Act (contrary to what the Fourth Circuit had held) but that it could be considered a tax for purposes of determining whether Congress’s power had properly exercised its authority under the Constitution.

Having rejected the Fourth Circuit’s reason for not ruling on the merits, the Supreme Court remanded the case back to the Fourth Circuit so that it could take whatever action is appropriate in light of the NFIB decision. This is something that the Supreme Court does routinely whenever it issues a decision that could affect the analysis of a previously issued lower court decision, and this action should not be taken as a sign that the Supreme Court is reconsidering the merits of the claims it addressed in NFIB.

Thus, on Liberty’s claims that were like those heard last spring, the Fourth Circuit would be bound by the Supreme Court’s decision to dismiss them on the merits.

However, Liberty brought other claims that have not yet been heard by the Supreme Court, including that the individual mandate and the employer mandate violate the Free Exercise Clause of the First Amendment and the Religious Freedom Restoration Act. Others are also challenging the Department of Health and Human Services’ anti-conscience mandate in dozens of lawsuits that are now pending in courts throughout the country; see our recent Heritage Legal Memorandum.

These claims that the Supreme Court has not yet addressed are alive and well. Furthermore, the lower courts do not have to wait for the tax to take effect before considering the merits of those challenges.

These issues will ultimately wend their way through the courts back up to the Supreme Court for its consideration.

What are your thoughts on the new health care law? Join the open discussion on our blog >>

 

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

808 Silent Majority

ACA Signups Hawaii

ALEC

Alliance Defending Freedom

Aloha Pregnancy Care Center

American Council of Trustees and Alumni

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Astronomy Hawaii

Ballotpedia Hawaii

Better Hawaii

Blaisdell Memorial Project

Broken Trust

Build More Hawaiian Homes Working Group

ChinaTownWatch.com

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

Coffee Break

DeedySupport.com

DVids Hawaii

E Hana Kakou Kelii Akina

FIRE

Fix Oahu!

Follow the Money Hawaii

Frank in Hawaii

Front Page Magazine

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii Coalition Against Legalized Gambling

Hawaii ConCon Info

Hawaii Credit Union Watch

Hawaii Crop Improvement Association

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Advocates

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii Future Project

Hawaii Gathering of Eagles

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii March for Life

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

Heritage Foundation

HIEC.Coop

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu Traffic

House Minority Blog

I Vote Hawaii

If Hawaii News

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

Iowa Meets Maui

Jackson v Abercrombie

Jihad Watch

July 4 in Hawaii

Kahle v New Hope

Kakaako Cares

Kau TEA Party

Kauai Co GOP

Keep Hawaii's Heroes

KeyWiki

Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Malulani Foundation

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

Mauna Kea Recreational Users Group

MentalIllnessPolicy.org

Middle East Forum--The Legal Project

Mililani Conservatives for Change

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

Muslim Brotherhood in America

NAMI Hawaii

NARTH

Natatorium.org

National Christian Foundation Hawaii

National Parents Org Hawaii

National Wind Watch

New Hawaiian

New Zeal

NFIB Hawaii News

No GMO Means No Aloha

Northwest Economic Policy Seminar

Not Dead Yet, Hawaii

Now What I Really Think

NRA-ILA Hawaii

Oahu Alternative Transport

ObamaCare Abortion Hawaii

Obookiah

OHA Lies

Opt Out Today

OurFutureHawaii.com

Pacific Aviation Museum

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Pritchett Cartoons

Pro-GMO Hawaii

P.U.E.O.

RailRipoff.com

Rental by Owner Awareness Assn

Republican Party -- Hawaii State

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

Save Dillingham Airfield

School Choice in Hawaii

SenatorFong.com

Sink the Jones Act

Statehood for Guam

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

UCC Truths

US Tax Foundation Hawaii Info

VAREP Honolulu

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii

Yes2TMT