ObamaCare Headed Back To Supreme Court

 

SupremeCourt building flag SC ObamaCare headed back to Supreme Court

On the day Barack Obama signed ObamaCare bill into law, Matthew Staver, the founder and dean of the Liberty University School of Law filed one of the first private lawsuits against the new Act, claiming ObamaCare mandated the forced, direct funding of abortion, a clearly unconstitutional violation of the free exercise of religion.

Though the University’s lawsuit has been held up by the 4th Circuit Court of Appeals which argued that the Anti-Injunction Act prevented the court hearing the merits of the case, that barrier was torn down by the June Supreme Court decision on ObamaCare. As a result, Liberty immediately renewed its petition that the Supreme Court review its case.

And on Monday, the first day of the new term, the Supreme Court ordered the Department of Justice to respond to Liberty University’s suit. That means the Justices are taking very seriously the Liberty charge that both individuals and employers are being forced to directly fund abortion, a clear infringement upon the freedom of religious expression.

For two years the Obama Regime has claimed that no taxpayer funding of abortion is included in the ObamaCare law. That is a lie. For “…nestled within the ‘individual mandate’ in the Act—that portion of the Act requiring every American to purchase government-approved insurance or pay a penalty—is an ‘abortion premium mandate’. ”

As Staver puts it, ObamaCare, via extraordinarily secretive rules issued on March 15th, 2012 by Secretary of Health and Human Services (HHS) Kathleen Sebelius, “funds [abortion] in two ways.”

“First [of] all, for the individual, for the first time in history, it requires each individual to pay a particular fee and that goes directly into an abortion fund and that fund funds abortion. This fee doesn’t go into a general fund, some of which funds other surgeries or medical treatment, some of which might fund abortion. No, this goes into a specific fund that funds abortion. (It’s the) very first time in history you can trace the dollar to the actual abortion.”

In addition, employers–even those associated with religious institutions—will also be forced by federal law to fund abortions.

And incredibly, many who sign up for plans which charge for and provide abortion coverage may never even know it! For, “if a health plan covers abortion, [HHS rules] forbid the plan from calling attention to that fact in any of its advertising or explanatory materials.”  As National Right to Life puts it, “this provision seems designed for no other purpose than to ensure that many people who would not deliberately sign up for abortion-covering plans will do so inadvertently, because of the federally enforced gag rule.”

In deciding which cases will be heard by the Supreme Court, the “Rule of Four” applies. That is, if four justices agree a case should be heard, a writ of certiorari will be issued to the petitioner and the case will be placed on the court’s docket. Needless to say there are currently four justices who were both shocked and outraged that Chief Justice John Roberts authored his contrived “pass” for the clearly unconstitutional ObamaCare law during its first appearance before the Court. It would not be surprising that these four justices should call ObamaCare back before the Court during the new term. The Court’s demand that the DOJ respond to Liberty’s accusations is a vitally important first step.

The Liberty University lawsuit is one of many contesting the grotesque assault on individual liberty known as ObamaCare. Perhaps it will be the one which gives John Roberts the opportunity to rescue his reputation and redeem career.

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Comments

  1. If our Congress and Supreme court allows this to be passed they are traitors to our country.

    • You are so right. And Benedict Arnold is just a piker compared to these modern day trators. This unconstitutional, ridiculous Obamacare law will NEVER be over until it is buried. I pray and hope the Supreme Court upholds the constitution this time and strikes down this deadly, murderous law. See website: http://www.haasstrep68.com page 1 for ‘freedom from obamacare’ petition.

    • Congress and the Supreme Court are already traitors to our country by having signed the Bill and presented it to an unconstitutional president –and having decided it was a constitutional power of the federal government. Although many consider Obamacare as unconstitutional because it violates our religious freedom, it is unconstitutional because it violates ALL our freedoms.

      As for the supreme Court, once a law is deemed ‘unconstitutional’ (as Obamacare was under the ‘Commerce Clause’) it cannot be found ‘constitutional’ by defining it as something else. Also, Congress does NOT have unlimited taxing authority. It can only tax to support its constitutional powers and authority. The 17th fact of abuses by King George listed in the Declaration of Independence is: “For imposing Taxes on us without our Consent.” There is no possible way the Founders would have given Congress unlimited taxing authority when that is one of the specific abuses charged against the English Monarchy. Therefore, all Supreme Court Justices who ‘decided’ for Obamacare are guilty of treason.

    • It doesn’t make any difference Roberts will rule the same this court has no shame and could care less about we the people and congress is the same no balls.

  2. There is no power given to congress that allows congress to take over the privately owned health insurance industry and turn it into a government ran health care system. The health care law is basically saying that there is no longer any such thing as health insurance. Obama-Care is a health “care” act, not a health “insurance” act. Hence the reason that no one can be turned down. It is not insurance. Insurance insures us in case something happens, not after it happens. We don’t get house insurance after our kitchen burns down.

    Debra J.M. Smith
    Informing Christians Writer

  3. The ACA was presented to every segment of the healthcare industry long before it was ever, sort of, presented to the American public.
    Congress passed this bill without ever reading it because the agencies in the medical professions knew this was going to be a new golden goose for them. One that was going to force every single person in this country to make contributions to their professions and every branch of their industry. It is also going to expand some governmental agencies greatly. So there goes the promise of lesser government.
    The taxes in the ACA are going to trickle down to every single wage earning taxpaying American citizen because every single tax, fee or sure charge, etc. in that healthcare bill will result in a higher cost of doing business for those having to pay them and we all know how that plays out.
    Obama may have promised not to raise our taxes but he sure found a way to get in our pockets by other means. Forcing those we do business with to pay higher taxes.
    I’d pretty much give high odds that Romney will never be successful in repealing the ACA. Congress will never allow it because those that control them will not let it happen. Obama and our Congress sold us out and being the whores they are will not look back upon us to see what the results of their actions have had on us. Some that forced us into this mess were bounced out of office in 2010. Those we weren’t able to vote are on the block this time around. I’m just hoping to American voters remember who they are.

  4. There is an old saying, “What goes around comes around” and it looks like ObamaCare will finally be proven to be against our Constitution by the Supreme Court Justices, if so, I suspect that it will end up with a five-four ruling,and we all know who the four Supreme Court Justices that will rule in favor of ObamaCare all are.

    What this ultimately tells us is that our Lady of Justice, the one with the scale in her hand and wearing blindfolds, should have her blindfold removed from all future statues of her, since justice is not at all blind as it most certainly should be.

    We can all only hope and pray, that five Justices will rule that ObamaCare is indeed illegal because it demands people of faith to go against their faith. Hopefully the Supreme Court Justices will rule prior to November 6, 2012.

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