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December 1, 2010

Judge Rejects Liberty's Health Care Lawsuit

A federal judge threw out a lawsuit from Liberty University that said the health care reform law is unconstitutional and would permit the religious institution’s insurance payments to cover abortions, Politico reports.

“The Act explicitly states that no plan is required to cover any form of abortion services,” Judge Norman K. Moon wrote in his order Monday.

The White House praised the ruling. “The judge’s ruling today only underscores the importance of the law’s individual responsibility provision,” Stephanie Cutter wrote in a White House blog post Tuesday.

More details come from the New York Times and Politico (blockquote below).

Liberty – and five individuals who joined the suit — also argued that the employer and individual coverage requirements are beyond Congress’s powers and violate the First, Fifth and Tenth amendments. The suit claimed that the law is an illegal direct tax, violates the Constitution’s promise of a republic form of government and violates the Religious Freedom Restoration Act.

The university argued that it would face significant fines – of about $1.1 million— if the employer requirements are kept in place. The legislation requires companies with more than 50 employees to provide insurance coverage to workers or face additional taxes.

The federal government countered that the university didn’t have a right to file the suit and that the issues aren’t ripe for trial.

Politico writes that oral arguments in the most high-profile case, a suit backed by 20 states and expected to end up in front of the U.S. Supreme Court, are scheduled for December 16.

Comments

How sad that a Christian institution is the one that decided to file a lawsuit against the health care bill. My dad (non-Christian) thinks that conservative Christians don't care about the sick. I try to counter this, but when lawsuits like this show up from Christian organiztions, it only supports his ideas. Abortion doesn't have to be covered. And if taxing is the main issue, why care more about your own money than those who are sick?

I'm glad that the health care bill will make sure that no one is turned away. I've heard the societies will be judged by how they treat their weakest and most vulnerable members, the poor and the sick. I have many people close to me that desperately want health insurance, but they have preexisting conditions so no insurance will take them. I'm glad that soon everyone will be able to be insured! I know the bill has problems but I am praying that it improves not that it is destroyed.

How sad when an institution purporting to teach the principles of Jesus Christ goes into the secular courts to demonstrate aggression and hostility. This behavior is completely devoid of humility and compassion.

Speaking of things that are "devoid of humility and compassion" . . .

You may not agree with Liberty's legal position in opposition to Democrat's Health Care legislation, but to question their devotion to Christ simply because they made use of our court system to challenge what they (and many other States) believe to be a violation of the Constitution does little to advance the principles of Christ that you are so vigorously protecting, and harkens back to a time when Christians abandoned the public square in exchange for a prayer closet. We've been down that road before. No thanks.