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Monday, November 26, 2012

SCOTUS REINSTATES OBAMACARE CASE--WILL IT EVER END?

The Supreme Court has now reinstated a major challenge to Obamacare. Liberty University is challenging both the Individual Mandate and the Employer Mandate of the Affordable Care Act. (Of those two, the latter is even more damaging to the economy and job creation.) A liberal panel of the U.S. Court of Appeals for the Fourth Circuit had thrown out the case last year, saying that the Anti-Injunction Act (AIA) does not permit any federal court to rule on the merits of challenges to the Individual Mandate until that requirement goes into effect in 2014.

In its Jun. 28 opinion in NFIB v. Sebelius, the justices unanimously rejected this AIA argument. So Mat Staver, who is both dean of Liberty's law school and chairman of the law firm representing the university, filed a petition for rehearing.

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