Baptist News Global
Sections
  • News
  • Analysis
  • Opinion
  • Curated
  • Podcasts
    • Stuck in the Middle With You ↗
    • Madang with Grace Ji-Sun Kim ↗
    • Highest Power: Church + State ↗
    • Non-Disclosure: The Silenced Stories of Kanakuk Kamps Survivors ↗
    • Change-making Conversations ↗
  • Storytelling
    • Faith & Justice >
      • Charleston: Metanoia with Bill Stanfield
      • Charlotte: QC Family Tree with Greg and Helms Jarrell
      • Little Rock: Judge Wendell Griffen
      • North Carolina: Conetoe
    • Welcoming the Stranger >
      • Lost Boys of Sudan: St. John’s Baptist Charlotte
      • Awakening to Immigrant Justice: Myers Park Baptist Church
      • Hospitality on the corner: Gaston Christian Center
    • Signature Ministries >
      • Jake Hall: Gospel Gothic, Music and Radio
    • Singing Our Faith >
      • Hymns for a Lifetime: Ken Wilson and Knollwood Baptist Church
      • Norfolk Street Choir
    • Resilient Rural America >
      • Alabama: Perry County
      • Texas: Hidalgo County
      • Arkansas Delta
      • Southeast Kentucky
  • More
    • Contact
    • About
    • Donate
    • Associated Baptist Press Foundation
    • Planned Giving
    • Advertising
    • Ministry Jobs
    • Subscribe
    • Submissions and Permissions
Donate Subscribe
Search Search this site

Court revives Obamacare challenge

NewsBob Allen  |  November 28, 2012

By Bob Allen

The United States Supreme Court revived Liberty University’s lawsuit challenging Obamacare Nov. 26, returning the case to Virginia’s 4th U.S. Circuit Court of Appeals for consideration of issues not addressed when the high court upheld most of the Affordable Care Act in a 5-4 vote on June 28.

Liberty’s lawsuit is one of several that were dismissed when the Supreme Court said President Obama’s massive health-care overhaul was authorized by Congress’ power to levy taxes.

Liberty, an evangelical Christian school started by Baptist television preacher Jerry Falwell, then asked the high court to allow consideration of its claim that forcing the university to provide coverage of morning-after birth control pills for women violates its religious conviction that life begins at the moment of conception.

The U.S. Justice Department said in October the government would not object to the 4th Circuit’s consideration of Liberty’s First Amendment claim but believes it is without merit.

Matt Staver, dean of Liberty University’s law school and founder and chairman of the Liberty Counsel, which filed the lawsuit on the university’s behalf, said the latest decision by the Supreme Court “breathes new life into our challenge to Obamacare.”

“Congress exceeded its power by forcing every employer to provide federally mandated insurance,” Staver said in a press release. “But even more shocking is the abortion mandate, which collides with religious freedom and the rights of conscience.”

Last year the appellate court dismissed Liberty’s lawsuit on a technicality, finding that it lacked jurisdiction under the Anti-Injunction Act, which prohibits courts from considering any lawsuit filed in an attempt to avoid paying a tax. The Supreme Court rejected that view by later ruling on Obamacare.

The lower-court’s dismissal did not address the university’s argument that the government’s employer and coverage mandates tread on rights established in the U.S. Constitution and legislation including the Religious Freedom Restoration Act.

The Affordable Care Act, a comprehensive bill spanning 900 pages signed into law on March 23, 2010, requires employers like Liberty to pay for health-care coverage that provides, without co-payment, “preventive services” including birth-control methods approved by the Food and Drug Administration.

Some people believe that emergency or “morning after” contraceptives approved by the FDA may function by preventing an egg that has been fertilized from implanting in the womb. The law exempts churches that oppose artificial birth control altogether or forms they consider to be abortifacients, but not large religious institutions that hire significant numbers of people from outside the faith group and serve a constituency larger than church members.

Observers say returning the case back to the 4th Circuit could put it on a track to return to the Supreme Court by late 2013.

Share this:

  • Share on X (Opens in new window) X
  • Share on Threads (Opens in new window) Threads
  • Share on Facebook (Opens in new window) Facebook
  • Print (Opens in new window) Print
  • Email a link to a friend (Opens in new window) Email
  • Share on Bluesky (Opens in new window) Bluesky
  • More
  • Share on LinkedIn (Opens in new window) LinkedIn
  • Share on Reddit (Opens in new window) Reddit
  • Share on Tumblr (Opens in new window) Tumblr
  • Share on Pinterest (Opens in new window) Pinterest
  • Share on Telegram (Opens in new window) Telegram
  • Share on WhatsApp (Opens in new window) WhatsApp
Tags:Social IssuesPresident ObamaHealth CareReligious Liberty
Bob Allen
More by
Bob Allen
  • Get BNG headlines in your inbox

  • Check out our podcasts

    Stuck in the Middle            Highest Power

               Madang                 Non-Disclosure

          Bible Divas                  This Is My Story

  • Politics • Faith • Resistance: by Greg Garrett

    BNG interview series on the state of faith, politics and resistance in our nation.

    See also Greg’s series on Politics, Faith and Mission

     

  • Featured

    • Huge majorities of Americans favor ethics reforms for elected officials

      News

    • Controversy at Ouachita as faculty required to sign doc on sexuality and gender

      News

    • Black, female, Republican and still not welcome

      Opinion

    • Most Americans now see Trump as a dangerous dictator

      Analysis


    Curated

    • At a Georgetown College Republicans event, member of Germany’s far-right party tells students the Holocaust is ‘used as a weapon’

      At a Georgetown College Republicans event, member of Germany’s far-right party tells students the Holocaust is ‘used as a weapon’

    • ‘We’re Gonna Have to Break Some Taboo’ — The View of Christian Nationalism From Within Congress

      ‘We’re Gonna Have to Break Some Taboo’ — The View of Christian Nationalism From Within Congress

    • Are transgender sports bans really about protecting women? Survey data tells a different story

      Are transgender sports bans really about protecting women? Survey data tells a different story

    • As Texas Gov. Abbott targets Muslim groups, his PAC receives millions from Muslim oil exec

      As Texas Gov. Abbott targets Muslim groups, his PAC receives millions from Muslim oil exec

    Conversations that Matter.

    © 2026 Baptist News Global. All rights reserved.

    Want to share a story? We hope you will! Read our republishing, terms of use and privacy policies here.

    • Facebook
    • Twitter
    • Instagram
    • LinkedIn
    • RSS
    • bh