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Subscribe to RSSWith the Obama administration posing no objection, the U.S. Supreme Court today gave a Christian college in Virginia a chance to carry on its claim that the Obama health care law violates religious freedom.
Liberty University was among the first challengers of the law, arguing that two provisions violate its religious freedom -- the individual mandate and the requirement that employers provide health insurance or pay a penalty. The case was never fully developed, however, because the court of appeals for the Fourth Circuit ruled that the law could not be challenged before it went into effect. On the first time through the courts, the trial judge ruled against the school, but the appeals court said a federal law that imposes a tax cannot be challenged ahead of time.
Saul Loeb / AFP - Getty Images
Today's action by the Supreme Court does not mean that the justices think Liberty University is right. It simply means the court has concluded that the school should be given a chance to start over rather than leaving the question unresolved.
The panel – Time's Joe Klein, John Heilemann from New York Magazine, and Mike Barnicle –discuss Democrats and Republicans working together in the aftermath of the 2012 election and Joe Klein's belief that Obama's mandate is for a balanced, moderate approach to government.
The Obama administration had told the court that it poses no objection to giving Liberty a shot at making its religion arguments, even though the government believes "those claims lack merit."
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"Well isn't that special!" Time for the church lady dance in 3-2-1....
An utterly meaningless procedural order from the Supreme Court that does not deserve this much ink. The Fourth Circuit dismissed the case under the Anti-Injunction Act. The US Supreme Court found that the Anti-Injunction Act does not apply to the Affordable Care Act. As the Fourth Circuit's reasoning (finding that it was not allowed to address the merits) was wrong in light of the Supreme Court's June decision, the Supreme Court told the Fourth Circuit to proceed to a decision on the merits.
The odds of Liberty Universtity prevailing on the employer mandate (which actually might be constitutional under the Commerce Clause as the employer mandate regulates those engaged in commerce similar to minimum wage and overtime laws, but would at least qualify as a tax under June's decision for the tax and spend clause) is slim and none. While the Supreme Court's Free Exercise jurisprudence is somewhat schizophrenic, it's general rule is that religious groups are not entitled to be exempt from laws that generally apply to everybody else, meaning that Liberty University's religious arguments are also unlikely to prevail.
Liberty University was founded in 1971 by Rev. Jerry Falwell, Sr. Its vision is to "train Champions for Christ as a world class university." As such, there are religious strictures for behavior, classes that must be attended, chapel, etc. It has a HUGE economic impact in the Lynchburg, Virginia area as has been known to use that economic muscle and church organization to impact local planning and politics.
The filing can be found at http://www.vawd.uscourts.gov/OPINIONS/MOON/LIBERTYUNIVERSITYVGEITHNER.PDF
In essence, the filing is arguing that: the individual mandate is unconstitutional (in spite of the SCOTUS finding otherwise); that abortion is immoral and as such no religious institution should be required to participate in a health care system that allows it nor should it be fined if it doesn't.
In my experience with Liberty University religious folks, they essentially wish to place their religious and moral beliefs/church cannon into law and impose it on everyone. Their perspective of the separation of church and state is that the state cannot tell a church what to do, but that the church should directly influence and control the legislative/legal process.
Liberty U is more like a ultra conservative evangelical West Point than a university. Armed Creationists.
Some of the hard core Christian folks, will try follow you into your bed room.
If I'm the Administration this is an easy argument to make...
While the university is being required to provide coverage for oral contraceptives their use is not mandated. It remains a decision for the individual to make whether to use or not use oral contraceptives. The individual's religious freedom remains in tact.
Here we go again. Christians whining about contraceptives telling people what to do. What a waste of time and money. I guess they have the money to waste. Its time to start taxing churches. This in not helping people, this is telling people what to do. republicans want to raise taxes on the middle class but leave churches alone. Thats nuts churches coffers are overflowing. Time for them to belly up to the bar and pay up! Think of this when you give to your church on Sunday morning. One could say its a tax to worship there. Why is that you don't have a problem giving them your money but not to your country? You can't buy your way to your heaven. Does your god care if your rich or poor?
It's time the far right came to realize that no one is forcing anyone to take contraceptiives or have an abortion. It is an individual's choice. If the people going to this University believe doing either of these things is a sin - they won't do them! It's all pretty simple.
And, it is WAY past time for churches to be taxed on any money they get that isn't used to help others. Pretty simple really. If you become "for profit" you pay taxes. Why should anyone have a problem with that?
WOW, Smitty, are you a dime whit, or what?? The Churches "coffers" are not "overflowing", as you suggest. The Catholic Church, here in the USA, is on the brink of destruction. No, not becuse they are "telling people what to do". It's because Americans are tired of the Church telling them they're wrong. Yeah, soooo bad to be told you're screwing is murdering children... so bad to tell people that God is there for them, even if they're not there for Him. No, I'm not a bible banger... just a Christian that still believes that God is there for me. Is THAT so bad?? Not sure why you life sucks so much you have to hate the Church, but you really need to get over it.
SCOTUS ruled without thinking... they ruled to help the racist in the White House get his agenda accepted. No, I DO NOT want to help the under privilage get health care. I did it, by myself... no hand outs... so what makes them so special? No, I do not give a rats behind if some 16 year old mommy has 10 kids... her issue, not mine. In the United States, if you cannot afford health care, then you need to work harder. Millions of people have started out under privilaged and succeded. I'm one of those millions.
Sorry... but there's no excuse for not being able to make it in the Greatest Country on the Planet.
@Saddened,
I believe your comments are contradictory of the "Christian" values you seem to love so much. You need to go back to church and beg for forgiveness for turning your back on your fellow brothers and sisters in need, as God is the father of all creatures on earth.
How many times will it take for this fundy group to learn the meaning of NO and the law of the land?
Separation of Church and state.
Hi Bev - hope your Thanksgiving was outstanding!
This isn't really rocket science, is it? Either keep the two separate or pay taxes just like everyone else!
SeekingSanity
Hi Bev - hope your Thanksgiving was outstanding!
This isn't really rocket science, is it? Either keep the two separate or pay taxes just like everyone else!
SeekingSanity
I sure did thank you. Loved that wild turkey and eggnog.
They don't want to pay taxes. They want to tell us what values are when they are nothing more than wolves in sheep's cothing.
Just extend medicare to everyone, end of discussion. Jerry Falwell is going to hell for his anti-Christian teachings.
Can you imagine telling a potential employer that you got your degree from Liberty University? In Science?
Ricardo98 - now I have to clean my monitor. Should NOT have been drinking coffee when I read your post! LOL!!!
Ricardo98 - now I have to clean my monitor.
Me too. Now, that is funny.
religious freedom is such a broad subject that you can easily argue that anything infringes without too much strain. If a religion practiced sodomy would be it exempt from laws against sodomy? the same is true of Mormons and polygamy. At some point the sate has to show compelling interests-like equal protection of the laws.
In the case of contraceptives and such does a religious institution have follow general aws-or is it totally exempt for all laws, and enforcement?
Theocracy is the greatest threat to freedom and liberty that the world faces.