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November 26, 2012

Supreme Court Remands Religious-Liberty Challenge To ObamaCare Back To Lower Court, For Full Consideration

Originally the Fourth Circuit had punted on the suit (which objects to ObamaCare on religious liberty and equal protection grounds, over the mandate), citing the Anti-Injunction Act, which we've seen considered before in the big ObamaCare case. The Anti-Injunction Act says, approximately, you can't sue about a tax until the tax actually takes effect. You can't sue prospectively, to stop a coming tax.

However, the Supreme Court already disposed of that issue in regard to ObamaCare, finding that it didn't apply, and that suits can go forward and be considered on the merits, irrespective of that Act.

The Fourth Circuit is now directed to stop punting the case and consider the actual constitutional arguments about the birth control mandate.

So, that's something. But then, Judge Roberts might once again contrive some nonsensical reason to uphold Obama's directives.


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posted by Ace at 01:58 PM

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