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Obamacare: Supreme Court orders new look at university’s lawsuit

The Supreme Court on Monday ordered an appeals court to consider the underlying merits of Liberty University’s lawsuit – including whether Obamacare violates religious freedom.

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The US Supreme Court on Monday set the stage for further litigation over the constitutionality of President Obama’s health-care reform law.

In a somewhat unusual maneuver, the high court agreed to send one of several cases challenging the Affordable Care Act (ACA) back to a federal appeals court to consider the underlying merits of the lawsuit – including whether the measure violates religious freedom.

In late June, the Supreme Court voted 5 to 4 to uphold the ACA as a valid exercise of Congress’s taxing authority. The ruling forced the dismissal of a handful of other cases challenging the reform law. Among them was an appeal filed on behalf of Liberty University, a small Christian college in Lynchburg, Va.

Unlike the other cases being held pending the high court’s June decision, Liberty University’s case arrived at the Supreme Court after being dismissed on jurisdictional grounds by the Fourth Circuit Court of Appeals in Richmond, Va.

The appeals court had ruled 2 to 1 that the federal Anti-Injunction Act prevented the appellate judges from considering the underlying merits of Liberty University’s lawsuit. So Liberty University never received a ruling at the appeals court on the individual allegations it was making in its complaint.


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