The U.S. Supreme Court has been petitioned for the fifth time to hear a challenge to the health care reform law, as Liberty University appealed a decision that tossed its case.
The Christian university that the late Jerry Falwell founded in Virginia asked the Supreme Court to determine whether Congress exceeded its authority in mandating that nearly every American obtain health insurance or pay a tax penalty.
The petition also requested the Supreme Court to determine if the entire health care law can stand without the mandate and whether courts can even hear a challenge to the Affordable Care Act.
A lower appellate court tossed the university’s case in a 2-1 ruling that determined its case against the health care law was barred under a statute that requires a tax be paid before a challenge is filed.
“Petitioners are not challenging the assessment or collection of the non-compliance penalties, which might never be assessed against them,” Liberty University’s lawyers wrote. “It is the mandates and, more particularly, Congress’ authority to enact such mandates that is at the heart of this case.”
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SOURCE: IB Times
Dan Rivoli
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