Monday, October 22, 2012

Supreme Court Shocks Life Into Obamacare Challenge

The U.S. Supreme Court revived hope – long thought dead – that Obamacare, the president’s signature achievement, might yet be ruled unconstitutional. The High Court shocked the legal community by opening its new term with an order giving the Obama Justice Department just 30 days to respond to Liberty Counsel’s petition for rehearing. Liberty Counsel filed the petition on behalf of Liberty University and two private individuals.
An appeals court in Richmond, Va., ruled that the Anti-Injunction Act, or AIA, barred the court from addressing the merits in Liberty Univ., Inc. v. Geithner, which challenged the individual mandate (Section 1501) and the employer insurance mandate (Section 1513) of Obamacare.

In addition to the constitutional arguments that Congress lacked authority to pass the law, the suit also raised the Free Exercise of religion claim because of the forced taxpayer funding of abortion.

You may recall that the first day of oral argument was dedicated to the AIA, the issue that Liberty University’s case placed before the High Court. In June, the Supreme Court ruled that the AIA does not apply to Obamacare. Therefore, Liberty Counsel asked the Court to grant the petition (because Liberty University prevailed on the AIA claim), vacate the Court of Appeals ruling and remand (send back) the case to the Court of Appeals to consider the Free Exercise claim and the employer mandate, neither of which were decided by the High Court.

Long story short: If the Supreme Court ultimately hears the case on appeal – which is highly possible as the claims are unique – and rules that the employer mandate and Free Exercise claims are legit, Obamacare dies on the vine. It’s effectively overturned. It’s like a shiny new Dodge Volt without the exploding battery. It goes nowhere fast and is towed to the junkyard of really, really stupid ideas.
This means, among other things, that people who value human life won’t be made complicit in abortion homicide on the taxpayer dime.

“Obamacare is the biggest funding of abortion in American history,” said Mat Staver, founder and chairman of Liberty Counsel and dean of Liberty University School of Law. “Under the Health and Human Services (HHS) mandate, Obamacare will, for the first time, require employers and individuals to directly fund abortion.

“This abortion mandate collides with religious freedom and the rights of conscience. I am very pleased with the Court’s decision today,” concluded Staver.

Whether by legislative repeal, or through Liberty Counsel’s ongoing case, freedom-loving America should be confident. This freakish Frankenstein monster will, God willing, be soon laid to rest beneath the cold, clammy earth from which liberals dug it up.