At 9:30 a.m. on Monday we expect ... (click to view)
Editor's Note :
At 9:30 a.m. on Monday we expect additional orders from the Court's November 25 Conference. On Tuesday, December 2, we expect one or more opinions in argued cases; we will begin live blogging shortly before 10:00 a.m.
Liberty University v. Lew
Petition for certiorari denied on December 2, 2013
Issue: (1) Whether Congress has the authority under the Commerce Clause to force employers to buy or provide employees with government defined health insurance at a rate the government defines as affordable with no option to discontinue coverage without facing excessive punitive fines; (2) whether Congress has authority under the Taxing and Spending Clause to impose excessive punitive fines on employers enforced by the Departments of Treasury and Labor for failing or refusing to buy or provide government defined health insurance at a rate the government defines as affordable with no option to discontinue coverage without facing excessive punitive fines; (3) whether the Employer Mandate and its implementing regulations violate the Federal Religious Freedom Restoration Act and the First Amendment Free Exercise of Religion Clause by forcing religious employers to buy or provide contraceptives and abortion-inducing drugs and devices to their employees despite their sincerely-held religious beliefs that prevent them from doing so; (4) whether the Individual Mandate violates the Federal Religious Freedom Restoration Act and the First Amendment Free Exercise of Religion Clause by forcing certain individuals to make a monthly payment that directly funds abortion contrary to their sincerely-held religious beliefs that prevent them from doing so; and (5) whether the Fourth Circuit erred when it refused to review the Employer Mandate and its implementing regulations as they existed at the time of the Circuit Court’s review, which included regulatory definitions of preventive care services that Congress determined had to be provided as part of minimum essential health insurance coverage, which include, inter alia, that employers must buy or provide contraceptives and abortion-inducing drugs and devices to their employees.
How to prepare for oral argument; answering the questions asked; and the (limited) relation of ideas of Justices, the Court, and jurisprudence to the reality of oral argument. “Just the way they say, ‘Battle plans never survive contact with the enemy,’ oral argument plans never survive contact with the Court.” In this six-part interview, Eric Schnapper — […]
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