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View Diary: Supreme Court clears way for yet another Obamacare case (48 comments)

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  •  The Liberty case was decided by the 4th Circuit (4+ / 0-)

    on the basis of the anti-injunction act. The SC decision on the ACA in NFIB v Sebelius, held, among other things, that the ACA was not a tax for purposes of the Anti-Injunction Act. The Supreme Court has now vacated the Fourth Circuit decision in light of Sebelius, which means that the underlying argument, that the law violates the First Amendment free expression clause, is still to be decided. That freedom of expression argument was not raised in the Sebelius case decided by the SC, and is therefore left to be decided by the Fourth Circuit, for now.

    Further, affiant sayeth not.

    by Gary Norton on Mon Nov 26, 2012 at 10:51:39 AM PST

    [ Parent ]

    •  Ignore what I wrote above. I suffered a brain (1+ / 0-)
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      cramp and am going back to re-read the Liberty decision. You are correct. The contraception issue was not argued, near as I can tell, so free exercise doesn't present itself. The apportionment clause issue is raised, but I'm going to do all my homework first. Sorry about my goof.

      Further, affiant sayeth not.

      by Gary Norton on Mon Nov 26, 2012 at 11:04:13 AM PST

      [ Parent ]

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