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By Purple Haize
Registration Days Posts
#412806
Supreme Court says appeal court has to hear Liberty's challenge to Obamacare and its claim the mandate/tax infringes on religious practice Study
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By Sly Fox
Registration Days Posts
#412813
Based on the prior decision, this is going to be a tough case to argue.
Politico wrote:SCOTUS orders appeals court to hear Liberty University health care lawsuit

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The move could open the door for the health law to be back in front of the Court late next year. | AP Photo

By JENNIFER HABERKORN | 11/26/12 10:06 AM EST


The Supreme Court on Monday ordered the Fourth Circuit Court of Appeals to examine the constitutionality of the health reform law’s employer requirements and mandatory coverage of contraceptives without a co-pay.

The move could open the door for President Barack Obama’s health law to be back in front of the Supreme Court late next year.
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By jmdickens
Registration Days Posts
#413000
Lu probably doesn't have a leg to stand on. This is just an attempt for the dean to brag once again that he argued in front of the Supreme Court.

However, the Supreme Court did not exactly declare the "mandate" to be "constitutional" in June.

Rather, a majority of the Court held the "penalty" to be a "tax" and therefore the challenge failed because plaintiffs cannot challenge a "tax" under Federal law unless the tax is both due and paid by the plaintiff! If the majority considered the imposition to be a "penalty" it could have been immediately challenged.
By jmdickens
Registration Days Posts
#413043
LUconn wrote:Why would they agree to reopen the case if it was so open and shut?
Because there were so many issues of Obamacare that were never even discussed by the Supreme Court in the first place. The constitutionality of the law was never even discussed. Hopefully, some good news will come from this but I wont get my hopes up.
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By Purple Haize
Registration Days Posts
#413086
jmdickens wrote:Lu probably doesn't have a leg to stand on. This is just an attempt for the dean to brag once again that he argued in front of the Supreme Court.

.
If SCOTUS bows to the will of out Law School Dean then he SHOULD brag.

I heard a good analysis. LU will probably lose this case. BUT it will further cement Obamacare is a tax. Thus, in 2014 when it kicks in, the lawsuits claiming unconstitutionality of how the tax was enacted will have a solid chance and it will be rehashed. Also, look for a lot of requests for stays in regards to Obamacare because NO ONE knows how it's supposed to work.
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By GillsHill2013
Registration Days Posts
#413404
Maybe we will maybe we wont but at least our school is doing something that Notredame and other christians schools arent successful in challenging this case.
By jmdickens
Registration Days Posts
#414087
GillsHill2013 wrote:Maybe we will maybe we wont but at least our school is doing something that Notredame and other christians schools arent successful in challenging this case.
Our school didn't do anything. It was the way it was brought to suit in the first place. The Plaintiffs listed with LU are

Michelle Waddell (a liberty counsel intern/extern)
Jeff S. Helgeson(Liberty grad, also was running for Lynchburg City Council)
Kathy Byron(VA delegate for 22nd District)

This became too much of a political issue for others not to join LU. I have a problem with how this case was brought to trial because of the hypocrisy it demonstrates from our rather fine institution. If you ever studied Roe. v. Wade, Lawrence v. Texas, etc. You notice a small group does something unethical to get it to trial. This is what LU has done, and it isn't right. To say otherwise is just admitting that the ends justify the means.
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