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posted: 11/26/2012 2:33 PM

Court orders new look at health care challenge

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  • The U.S. Supreme Court has given new life to Liberty University's challenge to President Barack Obama's healthcare overhaul. Republican presidential candidate, former Massachusetts Gov. Mitt Romney, center, is seen here shaking hands with Jerry Falwell Jr., chancellor of Liberty University, before his commencement speech at the campus in Lynchburg, Va., May 12, 2012.

      The U.S. Supreme Court has given new life to Liberty University's challenge to President Barack Obama's healthcare overhaul. Republican presidential candidate, former Massachusetts Gov. Mitt Romney, center, is seen here shaking hands with Jerry Falwell Jr., chancellor of Liberty University, before his commencement speech at the campus in Lynchburg, Va., May 12, 2012.
    ASSOCIATED PRESS

 

Associated Press

WASHINGTON -- The Supreme Court has revived a Christian college's challenge to President Barack Obama's healthcare overhaul, with the acquiescence of the Obama administration.

The court on Monday ordered the federal appeals court in Richmond, Va., to consider the claim by Liberty University in Lynchburg, Va., that Obama's health care law violates the school's religious freedoms.

A federal district judge rejected Liberty's claims, and the 4th U.S. Circuit Court of Appeals ruled that the lawsuit was premature and never dealt with the substance of the school's arguments. The Supreme Court upheld the health care law in June.

The justices used lawsuits filed by 26 states and the National Federation of Independent Business to uphold the health care law by a 5-4 vote, then rejected all other pending appeals, including Liberty's.

The school made a new filing with the court over the summer to argue that its claims should be fully evaluated in light of the high court decision. The administration said it did not oppose Liberty's request.

Liberty is challenging both the requirement that most individuals obtain health insurance or pay a penalty, and a separate provision requiring many employers to offer health insurance to their workers.

The appeals court could ask the government and the college for new legal briefs to assess the effect of the Supreme Court ruling on Liberty's claims before rendering a decision.

Liberty's case joins dozens of other pending lawsuits over health reform, many involving the requirement that employer insurance plans cover contraception, which are working their way through the federal court system.

The case is Liberty University v. Geithner, 11-438.

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