Supreme Court Directs Response to Challenge on Abortion Funding in Obamacare

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Washington, DC – Today the U.S. Supreme Court opened its new term and directed the federal government to respond to Liberty Counsel’s Petition for Rehearing within 30 days. 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 (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 abortion funding.

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 ruling of the Court of Appeals, 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. (Read more here.)

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