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DOJ will not attempt to block new challenges to ACA

Posted on November 1, 2012 | No Comments

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The Department of Justice (DOJ) told the Supreme Court yesterday that they would not attempt to block requests to reopen a lawsuit against the Affordable Care Act (ACA). Such a lawsuit could potentially place the ACA in front of the Supreme Court again as early as next year.

In 2010, Liberty University sued over the minimum coverage provision and other aspects of the ACA, but the case was set aside when the 26 states and NFIB case went before the Supreme Court. Because the court upheld the constitutionality of the individual mandate in its June 28th decision, it essentially tossed out Liberty’s lawsuit. Liberty now wants the Supreme Court to review its other challenges to the ACA.

Specifically, Liberty claims that the law’s employer coverage requirements are unconstitutional, as the mandate’s contraception coverage requirement violates the right to freely exercise religion. Over 30 such claims have been filed against the Obama administration. Solicitor General Donald Verrilli’s letter to the court states that although the DOJ believes that the Liberty claims “lack merit,” the DOJ does not oppose the courts reviewing the suit.

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