Supreme Court Could Hear Another ObamaCare Challenge

Though the U.S. Supreme Court handed down a rather surprising ruling on ObamaCare this summer, the legal challenges to President Obama’s signature healthcare law are far from over.

According to

In a surprise move, the U.S. Supreme Court has given the Obama Justice Department just 30 days to answer why the Court shouldn’t approve a request filed by Liberty Counsel to re-hear its challenge to Obamacare.

In a 5-4 decision (National Federation of Independent Business v Sebelius), the Supreme Court upheld the constitutionality of President Obama’s signature law. In his opinion for the majority, Chief Justice Roberts wrote:

The Federal Government does not have the power to order people to buy health insurance. Section 5000A would therefore be unconstitutional if read as a command. The Federal Government does have the power to impose a tax on those without health insurance. Section 5000A is therefore constitutional, because it can reasonably be read as a tax.

Justice Roberts continued that while the “individual mandate is not a valid exercise of Congress’s power under the Commerce Clause and the Necessary and Proper Clause,” it is valid as an exercise of the taxing power granted the federal government by the Constitution.



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