Attorney eyes high court fight after loss in appeals court

Friday, July 12, 2013
Charlie Butts (

A ruling by the 4th U.S. Circuit Court of Appeals has cleared the way to take ObamaCare back to the U.S. Supreme Court, a pro-family attorney reports.

The Associated Press reported July 12 that the federal court rejected a lawsuit by Liberty University, a private religious college that objects to providing abortion-inducing drugs as part of the Patient Protection and Affordable Care Act.

But attorney Mat Staver of Liberty Counsel sees the 4th Circuit ruling different, because now Liberty University and Liberty Counsel can appeal to the Supreme Court.

“What makes this case different is we challenged the entire employer mandate, and that's never been ruled on by the high court,” Staver explains to OneNewsNow.

Staver, Mat (Liberty Counsel)The famous 5-4 Obamacare ruling by the court in 2012 only covered the so-called "individual mandate."

A three-judge panel on the 4th Circuit affirmed a lower-court ruling that dismissed Liberty University’s lawsuit, the AP said.

“And so the issue of whether the employer mandate is constitutional is up in the air, and that's part of our challenge, among others,” Staver explains.

If Liberty Counsel wins its case, the ruling will “gut” the employer mandate and “torpedo” ObamaCare, Staver says - adding that the case will also touch on the forced funding of abortion for employers and individuals.

“We will take all of these issues to the high court, but the one that would ultimately give the biggest relief is the entire employer mandate - and if we win that ObamaCare is history,” he says.

It is possible the high court could render a decision by next June.

We moderate all reader comments, usually within 24 hours of posting (longer on weekends). Please limit your comment to 300 words or less and ensure it addresses the article. Comments that contain a link (URL), an inordinate number of words in ALL CAPS, rude remarks directed at other readers, or profanity/vulgarity will not be approved.
Court rejects Mayor Bloomberg's soda ban, but those pockets are deep

An appeals court ruling that struck down New York City's big-soda ban is a victory for food freedom and New Yorkers, says a critic of the ban. But don't count out Mayor Bloomberg just yet, she adds.