Washington, DC – Today the U. S. Supreme Court announced it will hear all arguments involving the Patient Protection and Affordable Care Act (commonly known as "ObamaCare"). Liberty Counsel represents Liberty University and two private individuals who object to government-mandated health insurance.
This Court will hear a consolidated argument related to the cases from Florida, involving 26 states (Florida v. United States Department of Health and Human Services) and the National Federation of Independent Businesses, which was also part of the case. The Court will hear argument for 90 minutes on the severability question. The Court will also hear the Florida case’s challenge to the individual mandate, Medicaid, and the federal Anti-Injunction Act (AIA), allotting two hours to oral argument. The government will also be granted 2 hours for oral argument.
The Court will decide whether the AIA applies to ObamaCare. The AIA applies to cases involving taxes, and it requires that the challenged tax be assessed by the IRS before the court has jurisdiction to hear the case. Liberty Counsel argued that the mandates are penalties and not taxes, and the government argued that the AIA does not apply. If the Court finds that the AIA applies, the challenge to ObamaCare would have to wait until after 2014, when the mandates become effective.
The Court apparently is holding the case of Liberty University v. Geithner, in which Liberty Counsel represents Liberty University and two private individuals. Oral argument will be set in the spring of 2012. The Court has granted an unprecedented 5½ hours for oral argument, with a decision expected no later than the end of the Court’s term in June 2012.
Mathew Staver, Founder and Chairman of Liberty Counsel and Dean of Liberty University School of Law, said: "The constitutional issues presented in the ObamaCare lawsuit are of exceptional importance to every American. If ObamaCare is upheld, then Congress will be able to force every American to purchase products or services determined by bureaucrats. We are pleased that the Supreme Court will hear this case. From the beginning, we knew this case was destined to be decided by the High Court."