By Donald Scarinci | December 6th, 2012 - 3:38pm
| More

WAIT…just when you thought the legal debate over the Patient Protection and Affordable Care Act AKA/ “Obama Care” was over, the Supreme Court said, “Not so fast!”

The United States Supreme Court ordered the Fourth Circuit Court to reconsider the challenges raised in Liberty University v. Geithner, one of many cases still working their way through the federal courts.  There are other cases in the courts as well which I discuss in the Constitutional Law Reporter.

When the Supreme Court upheld the sweeping health care reform law in June, it rejected all other pending appeals. However, Liberty University subsequently renewed its lawsuit this summer, arguing that it contained unresolved claims that should be decided in light of the Supreme Court’s historic decision.

The Supreme Court agreed. It recently granted the university’s petition for writ of certiorari and vacated the lower court’s judgment. It ordered the case back to the Fourth Circuit for further consideration in light its June decision.

Liberty University, a Christian educational institute, challenges the individual and employer health insurance mandates under the PPACA, primarily on religious grounds. It argues that the PPACA, namely provisions regarding contraception and abortion, violates its rights to Free Exercise of Religion and Free Association, guaranteed under the First Amendment; its rights to Equal Protection under the Fifth Amendment; and the rights to be free from governmental violation of the Establishment Clause of the First Amendment, among other arguments.

A three-judge panel from the Fourth Circuit Court of Appeals previously rejected the lawsuit as premature. The panel found that because the individual mandate is a tax (as the Supreme Court later found); the Anti-Injunction Act prohibits the plaintiffs from challenging the mandate until the “tax” is collected in 2014.

The Fourth Circuit will now have to reconsider all of the issues raised by Lynn University anew. Once it renders a decision, the next stop for the case will likely be the U.S. Supreme Court.


Donald Scarinci is a managing partner at Lyndhurst, N.J. based law firm Scarinci Hollenbeck.  He is also the editor of the Constitutional Law Reporter and Government and Law blogs.

 

Wake-Up Call

Morning Digest: April 18, 2014

Fulop endorses Smith in Bayonne mayoral raceBAYONNE - Jersey City Mayor Steve Fulop parachuted into the Bayonne mayoral race on Thursday night by endorsing incumbent Mayor Mark Smith."It is a pleasure to be with you here, Mark," said Fulop to a crowd of more than 125 supporters at a...

Op-Ed

The future of NJ Politics should not be politicians investigating politicians

By JON BRAMNICK Voices around the country agree with our concern that "bipartisan committee led by John Wisniewski is partisan." Below are observers who agree Wisneiwski's committee is not bipartisan: Chuck Todd, NBC News: "Democrats made a mistake... Read More >

Contributors

(4-16-14) New Jersey Vote By Mail Law - The voter turnout for New Jersey’s November gubernatorial election was the lowest since the days of prohibition, coming... more »
When it comes to profiling Christie, facts are for wussies (4/10/14) - As the national media stories on our Guv pile up, expect more blunders about the Garden State.... more »
This week I begin a series called Dispatches from Somewhere Else. Based on my on-going experiences as an everyman in New Jersey politics, these Dispatches review the hollowness of... more »
Watching Governor Chris Christie's shocking BridgeGate implosion, it's easy to forget the time when he truly seemed unstoppable.  Blessed with incredible political gifts and a Jersey bluster to match,... more »

Quote of the Day

Quote of the day

"This is my first Mark Smith event. There have been a lot of changes in Hudson County over the last year and a half, and the most important change that has happened is that there really is unity. For the first time, we really are working together. Despite political differences. Mark and I have worked very hard to repair that. I'm really happy to be here in support of him, because I recognize that when you work together, politics becomes secondary and you really have time to focus on government, which is the most important thing." - Jersey City Mayor Steven Fulop

- PolitickerNJ.com

Poll

Which is the most competitive of these May 13th elections?:

Resources

Visit the PolitickerNJ.com/resources page for links to the best collection of information on New Jersey state government.

 

  • Polls
  • The best blogs
  • Columnists
  • State election results
  • Assembly election results
  • Local party websites
  • And more.

PolitickerNJ.com/resources