Two days before the SCOAMF showed his real hand (a pair of deuces) v. Romney, something else almost as important occurred.
...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.
Is this Part II of the Roberts Intrigue??
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