By Donald Scarinci | December 6th, 2012 - 2:38pm
| 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.

 

The Back Room

I got you babe...

Presumptive Democratic gubernatorial nominee Barbara Buono today released an internet ad featuring cameos from a couple of Bono's and a Cuomo.

Read More >

Wake-Up Call

Morning News Digest - May 20, 2013

Dems warn Christie will tack right if re-elected ATLANTIC CITY – Democratic Party officials came together in Southern Jersey Friday evening to rally behind the state lawmaker set to challenge Republican Gov. Chris Christie. Sen. Barbara Buono was surrounded in Atlantic City by top party officials who say it’s...

Op-Ed

Time to have the talk we hope to avoid but can’t

By Tedford J. Taylor No topic is a less likely conversation-starter than our eventual deaths. Still, there is a lot to talk about. When polled, about 90 percent of people presented with end-of-life scenarios prefer the prospect of dying at home with... Read More >

Contributors

Chris Christie's recent "Lap Band" weight-loss surgery scoop remains the talk of the nation.... more »
(5-15-2013) Interpretation of Election Laws Should Further Aims of Democracy - Five Hoboken residents, obviously orchestrated, filed a lawsuit raising concerns about Carmelo Garcia’s eligibility... more »
Au Revoir, PolitickerNJ.com         Recently, I have been writing fewer columns as a contributing columnist for PolitickerNJ.com.  The reason:  I am busily involved with writing a new book.  The... more »
Women in Politics In 2013 men still earn disproportionally more than women, on average 30%... more »

Quote of the Day

Quote of the day

"The frustration is she might as well have named Joe Cryan her choice for state party chair because Jason O'Donnell is simply a beard for Joe Cryan." - State Senate President Steve Sweeney (D-3).

- PolitickerNJ.com

Poll

How do you grade Buono's choice for state party chair?
A. I'm a Republican, so GREAT!!
15%
A. Outstanding. Exemplary leader: firefighter, family man, Democrat with a capital D!
31%
B. Good guy, a decent choice - not great.
8%
C. A good guy - even great guy - kneecapped by awful politics all around.
23%
D. A poor choice.
15%
F. A disaster. Expect Democrats to endure HUGE losses in November.
8%

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