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Obamacare vs Supreme Court Round 2: This time its personal?

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  • Obamacare vs Supreme Court Round 2: This time its personal?

    ObamaCare Returns to Court

    When the Supreme Court ruled on a state-led challenge to the Patient Protection and Affordable Care Act, a.k.a. ObamaCare, over the summer, it settled many of the most prominent legal disputes about the law, at least as far as the court system is concerned. The law's individual insurance mandate was ruled constitutional, and several state requirements related to the law's Medicaid expansion were thrown out.

    But the ruling didn't cover all of the provisions in the law that had been challenged in lower courts. Liberty University, a Christian college based in Lynchburg, Virginia, had launched challenges to both the law's employer mandate, which requires larger employers to provide health benefits to employees or pay fine, and its mandate for contraceptive coverage. The challenges didn't go anywhere, though, because the Fourth Circuit Court of Appeals ruled that it could not decide merits of the Liberty's case until the law was fully in effect. (Many of ObamaCare's major provisions, including its employer and individual mandates, don't kick in until 2014.)

    This morning, however, the Supreme Court granted Liberty University's request to vacate the Fourth Circuit's original judgment and reopen the case. The school argued that the employer mandate and contraception issues weren't settled and hadn't been given a full hearing. And the High Court agreed. Via Politico, here's the gist of Liberty's argument:

    Liberty University argues that the law’s employer coverage provisions — which will require businesses with more than 50 full-time workers to provide health insurance for their workers or face fines — are unconstitutional because Congress overstepped its power by setting those rules.

    It also says the individual and employer mandates violate the Constitution's right to a free exercise of religion. The employer mandate is unconstitutional because of the contraception coverage requirement, Liberty argues, claiming that the individual mandate would require individuals to pay for coverage of abortions.


    It's possible that we could see arguments on the case as early as next spring, which means that it's at least conceivable that ObamaCare could be headed back to the Supreme Court by the end of 2013.
    When the Supreme Court ruled on a state-led challenge to the Patient Protection and Affordable Care Act, a.k.a. ObamaCare, over...


    Would Roberts's vote in Round 1 earn him enough cred to kill the employer mandate in Round 2 and still get invited to black tie parties? Or would that be the opening shot in a SCOTUS War on Women? When did the Court adopt instant replay anyway?
    I make no bones about my moral support for [terrorist] organizations. - chegitz guevara
    For those who aspire to live in a high cost, high tax, big government place, our nation and the world offers plenty of options. Vermont, Canada and Venezuela all offer you the opportunity to live in the socialist, big government paradise you long for. –Senator Rubio

  • #2
    If the taxing power allows an individual mandate why wouldn't it allow a mandate for employers?

    Comment


    • #3
      Hopeful we win this ruling.
      Scouse Git (2) La Fayette Adam Smith Solomwi and Loinburger will not be forgotten.
      "Remember the night we broke the windows in this old house? This is what I wished for..."
      2015 APOLYTON FANTASY FOOTBALL CHAMPION!

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      • #4
        Hopefully the court decides to do the right thing and secure people's right to public health care.
        Do not fear, for I am with you; Do not anxiously look about you, for I am your God.-Isaiah 41:10
        I praise you because I am fearfully and wonderfully made - Psalms 139.14a
        Also active on WePlayCiv.

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        • #5
          Originally posted by gribbler View Post
          If the taxing power allows an individual mandate why wouldn't it allow a mandate for employers?
          This is a freedom of religion issue.

          I have a friend whose sister is at Liberty. I have heard that Liberty's supposed to be some kind of pioneer in online curriculum.

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          • #6
            Originally posted by regexcellent View Post
            This is a freedom of religion issue.

            I have a friend whose sister is at Liberty. I have heard that Liberty's supposed to be some kind of pioneer in online curriculum.
            I disagree. Can a Jehovah's Witness say he doesn't want to offer his employees health insurance because it might pay for blood transfusions and he is morally imposed to them? If he can, would it also be okay for him to threaten to fire any employee who uses part of their paycheck to pay for a blood transfusion?

            Comment


            • #7
              Originally posted by gribbler View Post
              I disagree. Can a Jehovah's Witness say he doesn't want to offer his employees health insurance because it might pay for blood transfusions and he is morally imposed to them?
              Yes. Absolutely.

              If he can, would it also be okay for him to threaten to fire any employee who uses part of their paycheck to pay for a blood transfusion?
              Less emphatically, yes.

              Comment


              • #8
                What if my religion demands that my employer pay my health insurance?
                “As a lifelong member of the Columbia Business School community, I adhere to the principles of truth, integrity, and respect. I will not lie, cheat, steal, or tolerate those who do.”
                "Capitalism ho!"

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                • #9
                  Then you'll have to find an employer that pays health insurance.

                  Comment


                  • #10
                    Wouldn't it fall under discrimination if an employer required you to follow their religious practices?
                    I drank beer. I like beer. I still like beer. ... Do you like beer Senator?
                    - Justice Brett Kavanaugh

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                    • #11
                      So an employer can demand that employees follow their religion or can them, but an employee can't?
                      “As a lifelong member of the Columbia Business School community, I adhere to the principles of truth, integrity, and respect. I will not lie, cheat, steal, or tolerate those who do.”
                      "Capitalism ho!"

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                      • #12
                        Well, I suppose if the employer couldn't find employees due to lack of health insurance coverage which covers things the employees want covered, then it would have to provide it.

                        The employer should not be obligated to cater to your religious beliefs. Moreover, the government should not be able to obligate people to violate their beliefs.

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                        • #13
                          Cool, I'm firing all my Mormons!
                          “As a lifelong member of the Columbia Business School community, I adhere to the principles of truth, integrity, and respect. I will not lie, cheat, steal, or tolerate those who do.”
                          "Capitalism ho!"

                          Comment


                          • #14
                            Originally posted by regexcellent View Post
                            The employer should not be obligated to cater to your religious beliefs.
                            I'm pretty sure they don't have to if it would affect business, but otherwise, I'm sure they have no right to prevent you from doing whatever you want.
                            I drank beer. I like beer. I still like beer. ... Do you like beer Senator?
                            - Justice Brett Kavanaugh

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                            • #15
                              Originally posted by Kidicious View Post
                              Wouldn't it fall under discrimination if an employer required you to follow their religious practices?
                              In libertarian land it's evil and wrong for the government to penalize discrimination. Only the libertarian god (the free market) may do that.

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