Supreme Court Grants Liberty University Rehearing On Obamacare

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

I’m so very grateful to God and so happy to tell you that this morning the Supreme Court vacated the judgment of the Fourth Circuit Court of Appeals on Liberty University v. Geithner and remanded the case back down to the Fourth Circuit Court.

The king’s heart is like channels of water in the hand of the Lord;
He turns it wherever He wishes.
Proverbs 21:1

No. 11-438
Liberty University, et al., Petitioners
Timothy F. Geithner, Secretary of the Treasury, et al.
Docketed: October 11, 2011
Lower Ct: United States Court of Appeals for the Fourth Circuit
  Case Nos.: (10-2347)
  Decision Date: September 8, 2011
~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Oct 7 2011 Petition for a writ of certiorari filed. (Response due November 10, 2011)
Oct 18 2011 Brief of respondents Timothy F. Geithner, Secretary of the Treasury, et al. filed.
Oct 26 2011 DISTRIBUTED for Conference of November 10, 2011.
Oct 28 2011 Reply of petitioners Liberty University, et al. filed. (Distributed)
Nov 9 2011 Letter of November 9, 2011, received from counsel for the petitioners. (Distributed)
Jun 25 2012 DISTRIBUTED for Conference of June 28, 2012.
Jun 29 2012 Petition DENIED.
Jul 23 2012 Petition for Rehearing filed.
Sep 17 2012 DISTRIBUTED for Conference of September 24, 2012.
Oct 1 2012 The respondents are requested to file a response to the petition for rehearing within 30 days (Response due October 31, 2012).
Oct 31 2012 Brief of respondents Timothy F. Geithner, Secretary of the Treasury, et al. filed.
Nov 5 2012 DISTRIBUTED for Conference of November 20, 2012.
Nov 26 2012 The petition for rehearing is granted. The order entered June 29, 2012, denying the petition for a writ of certiorari is vacated. The petition for a writ of certiorari is granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Fourth Circuit for further consideration in light of National Federation of Independent Business v. Sebelius, 567 U. S. ___ (2012).
Oh give thanks to the Lord, for He is good,
For His lovingkindness is everlasting.
Psalm 107:1

SCOTUSblog explains:

The Supreme Court on Monday arranged for a Virginia university to go forward with new challenges to two key sections of the new federal health care law — the individual and employer mandates to have insurance coverage.  The Court did so by returning the case of Liberty University v. Geithner (docket 11-438) to the Fourth Circuit Court to consider those challenges.  The Court last Term had simply denied review of Liberty University’s appeal, but on Monday wiped out that order and agreed to send the case back to the appeals court in Richmond for further review….

Liberty University has been pursuing a challenge to both mandates, based on claims that they violate rights to religious freedom or to legal equality under the Constitution.  The Fourth Circuit had not ruled on either of those claims, because it ruled that Liberty was barred by the Federal Anti-Injunction Act from suing to stop those mandates.  That is one of the issues the Circuit Court will have to reconsider when the case is returned there. The Court cleared the way for doing so by vacating and remanding the Circuit Court’s earlier decision.

In early November at Breitbart’s Big Government, Ken Klukowski reported the Supreme Court would be considering this petition for the rehearing of Liberty University v. Geithner. Kublowski later wrote the Supreme Court would be voting on the petition last Tuesday, with a probable announcement on the outcome today. Today in Federal Courts Split on Religious Liberty and Obamacarer Klubomski discusses lawsuits currently in the courts:

Can an American citizen exercise his religion through his privately-owned business? The fate of Obamacare’s disturbing HHS contraception mandate turns on that question, and now the federal courts are split on the answer regarding an issue very likely to end up at the U.S. Supreme Court.

In addition to making the same arguments about the constitutionality of the Individual Mandate in regards to the Commerce Clause and Congress’ taxing powers, Liberty argues that the mandate violates other constitutional prohibitions. The university contends that Obamacare violates its First Amendment religious freedoms through its funding of abortions and other practices that are contradictory to the religious mission of the university.

…Matt Bowman of the Alliance Defending Freedom (ADF)—the largest religious-liberty legal organization and network in the country—is representing several companies, and has won the first round in two cases so far. These are Newland v. Sebelius in Colorado, and Tyndale House Publishers v. Sebelius in D.C. In fact, ADF is representing companies in at least seven lawsuits, including two plaintiffs  in my home state of Indiana. Thomas More Law Center is representing another early success, representing Weingartz Supply Company in Michigan, while the Becket Fund suffered an early setback representing Hobby Lobby. And yet another—Liberty Institute—is preparing to launch litigation. In each case, the question is whether the court will grant a preliminary injunction to put the mandate on hold while the case moves forward to final judgment.

Please continue to pray that God will have mercy on us and the unborn babies who would die under Obamacare, and that in His sovereign care for His people, He will grant the petition, guard our religious liberty, and strike down this law.

SCOTUSblog also states that on Friday of this week SCOTUS is scheduled to consider in Conference whether or not to consider same-sex ‘marriage’ cases. Please be in prayer for their decision and for our country that is in such need of a Day of Humiliation, Fasting, and Prayer’.

Then the people of Nineveh believed in God; and they called a fast and put on sackcloth from the greatest to the least of them. When the word reached the king of Nineveh, he arose from his throne, laid aside his robe from him, covered himself with sackcloth and sat on the ashes. He issued a proclamation and it said, “In Nineveh by the decree of the king and his nobles: Do not let man, beast, herd, or flock taste a thing. Do not let them eat or drink water. But both man and beast must be covered with sackcloth; and let men call on God earnestly that each may turn from his wicked way and from the violence which is in his hands. Who knows, God may turn and relent and withdraw His burning anger so that we will not perish.”
When God saw their deeds, that they turned from their wicked way, then God relented concerning the calamity which He had declared He would bring upon them. And He did not do it.
Jonah 3:5–10

Lyle Denniston, Way cleared for health care challenge, SCOTUSblog (Nov. 26, 2012, 9:33 AM), SCOTUSblog will be expanding its post after this morning’s oral arguments.

Related post: Tyndale House Wins Preliminary Injunction Against Obamacare

Related reading:
John Hayward, Obamacare in crisis as 2013 approaches
John Hayward, Obamacare vs religious freedom, round 2


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