Wednesday, October 3, 2012

Court opens door on new health law challenge | Jamie Dupree - Blogs

As the U.S. Supreme Court began a new term, the Justices seemed to open the door to the possibility of another challenge to the Obama health law, asking the Obama Administration to weigh in on a request to reconsider a challenge by Liberty University in Virginia.

That news came as the Court issued a laundry list of procedural orders - though no new cases were added to the docket today by the Justices.

There is no guarantee that the Supreme Court will grant this case, which dealt with a challenge to the health law and the individual mandate; but it is interesting that the Justices would begin their new term by making that a possibility.

Liberty's challenge was blocked earlier this year by the Fourth Circuit Court of Appeals; the school had asked the Supreme Court to hear an appeal, but the Justices refused.

Now the university has asked for a rehearing, and the Court has given the feds thirty days to "to file a response to the petition for rehearing."

The Fourth Circuit ruled that Liberty's challenge could not go forward until after the individual mandate had gone into effect - that limit on such challenges was turned aside by the Supreme Court in its ruling on the Obama health law in late June.

Liberty is also challenging the employer mandate for health coverage, an issue that has not received as much legal or media attention.

Source: http://blogs.ajc.com/jamie-dupree-washington-insider/2012/10/01/court-opens-door-on-new-health-law-challenge/?cxntfid=blogs_jamie_dupree_washington_insider

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