Legal-Courts
LIBERTY UNIV. CASE COULD EITHER GUT OR SINK OBAMACARE, SAYS STAVER
Bob Kellogg (OneNewsNow.com)
Thursday, November 29, 2012
Thursday, November 29, 2012
The Supreme Court's revival of Liberty University's case against ObamaCare may help to end the controversial law, according to the head of a nonprofit litigation organization.Mat Staver of the Liberty Counsel says this Supreme Court decision ordering a federal appeals court to reconsider the university's challenge to ObamaCare is a huge step forward.
"This, for example, is a challenge against the employer mandate in general, across the board," he explains. "And if we win that, that guts ObamaCare because [it] cannot operate if the employer mandate is not in effect. It literally guts ObamaCare across the board."
Even if the appeals court rules that the employer mandate in the Patient Protection and Affordable Care Act (a.k.a. ObamaCare) is constitutional, he says he will argue that the law violates the university's free exercise of religion.
"Either you follow your religious conviction and violate the law, or you follow the law and violate your religious conviction, and there's no in between -- so this is an unprecedented clash," he tells OneNewsNow.
"If we win on the free exercise of religion claim, while it might not gut the entire law, it puts a big gaping hole in the bottom of the ship that ultimately, I believe, will eventually bring down this law."
Liberty's case is among dozens of other lawsuits challenging the requirement that employer insurance plans cover contraception, which includes abortifacients.
"This, for example, is a challenge against the employer mandate in general, across the board," he explains. "And if we win that, that guts ObamaCare because [it] cannot operate if the employer mandate is not in effect. It literally guts ObamaCare across the board."Even if the appeals court rules that the employer mandate in the Patient Protection and Affordable Care Act (a.k.a. ObamaCare) is constitutional, he says he will argue that the law violates the university's free exercise of religion.
"Either you follow your religious conviction and violate the law, or you follow the law and violate your religious conviction, and there's no in between -- so this is an unprecedented clash," he tells OneNewsNow.
"If we win on the free exercise of religion claim, while it might not gut the entire law, it puts a big gaping hole in the bottom of the ship that ultimately, I believe, will eventually bring down this law."
Liberty's case is among dozens of other lawsuits challenging the requirement that employer insurance plans cover contraception, which includes abortifacients.
Related story:
Business owner gains temporary hold on mandate
Business owner gains temporary hold on mandate
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