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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. Liberty Counsel’s case is the only one in the country that challenges the entire employer mandate. Because the case was filed before the HHS mandate was enacted, the court did not consider this issue.
Liberty Counsel is encouraged that the court reached the merits on the employer mandate, even though the court got it wrong, because this clears the way for the case to now go to the Supreme Court. The Supreme Court concluded that the individual mandate cannot be upheld under the Commerce Clause because Congress cannot force people to buy an unwanted product. But this court of appeals has now decided that Congress can force employers to buy an unwanted product.
1 year, 4 months ago on Appeals Court Rejects Liberty University's Lawsuit Against Obamacare
Right on Rep. King. I have marriage records of family members from the early 1800's so our government has always been involved in Marriage. And for the reasons you state.
1 year, 7 months ago on Steve King: To understand why govt is involved in marriage is to understand why it cannot validate SSM
@peggyjamesThe feds have done such a good job in LA and now NY and NJ-- NOT
2 years ago on Ten States Voting on Nullification Measures this Week