Friends, The new Alliance Alert Daily Digest is finally here! You can subscribe to the daily e-mail here: Subscribe to our mailing list * indicates required Email Address * First Name * Last Name *
The Hill: More than a year after the Supreme Court upheld the central provision of President Obama’s health care overhaul, a fresh wave of legal challenges to the law is playing out in courtrooms as conservative critics — joined by their Republican allies on Capitol Hill — make the case that Mr. Obama has overstepped his authority in applying it.
SCOTUS Blog: Without comment, the Court on Monday turned aside a broad complaint about that Affordable Care Act mandate by Liberty University, a religiously affiliated college in Lynchburg, VA. Liberty also had sought review of new challenges to the individual insurance mandate, but that, too, failed with the denial of review.
Reuters: Supreme Court justices could decide on Tuesday to review religious objections made by corporations to a provision of the 2010 federal healthcare law requiring employers to provide health insurance that covers birth control.
Deseret News: Legal experts say the court is all but certain to step in, setting the stage for another major decision on the constitutionality of the Affordable Care Act two years after a closely divided court sustained its requirement that most Americans obtain health insurance or pay a penalty.
Religion freedom belongs to all families even those in business | Matt Bowman on the Drew Mariani Show
SCOTUS Blog’s latest edition of Petitions to Watch is here.
Roll Call: On Nov. 26, the court is scheduled to meet privately to decide which of four cases, if any, to take up this term that challenge the Obama administration’s requirements that most health insurance plans cover birth control free of charge. Ninety lawsuits have been filed over the rules, according to the latest tally from the National Women’s Law Center. That includes close to four dozen from for-profit businesses.
Lyle Denniston at SCOTUS Blog: With lawyers in different cases arguing that theirs is the best one for the Supreme Court to use in deciding the legality of the birth-control mandate in the new federal health care law, the Court on Monday indicated that it will examine all four pending cases together later this month. The Court’s electronic docket said the four will be considered on November 26. If any are granted then or soon afterward, the Court probably would hear and decide them in the current Term.
Liberty Counsel: Today, Liberty Counsel filed a Reply Petition at the United States Supreme Court to consider Liberty v. Lew, because it is the only case before the Court which presents the full array of constitutional issues left unanswered. After Liberty Counsel filed the Petition, the Department of Justice filed its Response, and today Liberty Counsel filed its Reply.
Washington Post: More than half the nation’s attorneys general want the Supreme Court to revisit the Affordable Care Act in the coming months. Attorneys general in 29 states urged the court in filings this week to review lower-court decisions on the landmark health care law’s contraception mandate, but they were split over which of two cases the court should focus on.
Lyle Denniston at SCOTUS Blog reports: The Obama administration on Monday evening filed three documents in the Supreme Court responding to Affordable Care Act petitions.
SCOTUS Blog: The Court has not yet considered any of the sequels that have been developing in the wake of its decision in National Federation of Independent Business v. Sebelius, so the new petition inLiberty University v. Lew (docket 13-306) will provide the first chance. The petition was filed on September 5. The Obama administration response is now due on October 9, but that deadline could be extended.
Liberty Counsel: Today, Liberty Counsel filed a petition with the U.S. Supreme Court to review the Fourth Circuit Court of Appeals’ decision in our ObamaCare case, Liberty University v. Lew (formerly called Liberty University v. Geithner). Liberty Counsel’s challenge to ObamaCare is the most comprehensive case pending, arguing that (1) the entire Employer Mandate is unconstitutional because Congress lacks authority to force employers to buy or provide government-mandated health insurance, (2) the contraception-abortifacient mandate forcing employers to provide free abortion-inducing drugs or devices violates the Federal Religious Freedom Restoration Act and the First Amendment Free Exercise of Religion Clause, and (3) the Individual Mandate forcing individuals to fund abortion violates the Federal Religious Freedom Restoration Act and the First Amendment Free Exercise of Religion Clause.
Liberty Counsel: Yesterday, the Fourth Circuit Court of Appeals issued two conflicting orders in Liberty Counsel’s ObamaCare case, Liberty University v. Lew (formerly called Liberty University v. Geithner). The court of appeals first issued a stay of the Mandate. But, last evening, the same court reversed itself and issued another order denying the stay of the Mandate. “Denying a stay while awaiting a petition for cert is not unusual, but it is unusual that conflicting orders are sent on the subject.
Liberty Counsel: The Fourth Circuit Court of Appeals in Richmond, Virginia, issued an order to stay the mandate until the U.S. Supreme Court rules on a petition for cert to be filed with the High Court by Liberty Counsel, on behalf of Liberty University and two private individuals. Liberty Counsel’s challenge to ObamaCare is the most comprehensive case pending, challenging (1) the employer mandate; (2) the abortion mandate for religious employers; (3) the abortion mandate for individuals; and (4) the entire law because tax bills must originate in the House.
Brett Snider at Findlaw: Several circuits have attempted an answer in this arena, and SCOTUS’ attention may finally suss out whether corporations can assert free exercise claims.
Daily Report Online: Controversies involving private firms being required to offer contraceptive coverage are likely headed to U.S. Supreme Court.
Robert Knight at Townhall: In the latest court ruling upholding Obamacare, a three-judge federal panel in Richmond, Virginia, rejected Liberty University’s challenge to provide health insurance to both the individual mandate and the employer mandate. There are silver linings here, and we’ll get to them in a minute. But first, let’s look at the case.
4th Circuit in Liberty U. case: Congress had Commerce Clause authority to pass Obamacare employer mandate
Liberty Counsel: Today the Fourth Circuit Court of Appeals in Richmond cleared the way for Liberty Counsel’s lawsuit, Liberty University v. Geithner, against the Affordable Care Act (ObamaCare). The court reached the legal issues and did not dismiss the case on procedural grounds. The Court agreed with Liberty Counsel on the procedural questions at issue: Liberty University and the individual plaintiffs have legal standing to bring the case, and the Anti-Injunction Act (AIA) also does not bar the case from being heard. However, the court concluded that Congress had authority under the Commerce Clause to pass the employer mandate.
Justice Department Invokes Employer Mandate Delay In Argument For Dismissal of Liberty University’s ACA Challenge
Religion Clause Blog: In May, the 4th Circuit heard oral arguments in Liberty University, Inc. v. Lew (see prior posting), a broader religious freedom challenge to the Affordable Care Act than most that are still pending . . .