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Liberty University v. Geithner

The petition for a writ of certiorari is granted, the judgment is vacated, and the case is remanded to the United States Court of Appeals for the Fourth Circuit for further consideration in light of National Federation of Independent Business v. Sebelius on November 26, 2012
Docket No. Op. Below Argument Opinion Vote Author Term
11-438 4th Cir. N/A N/A N/A N/A OT 2012

Issue: (1) Whether the Anti-Injunction Act (AIA) bars courts from deciding the limits of federal power to enact a novel and unprecedented law that forces individuals into the stream of commerce and coerces employers to reorder their business to enter into a government-mandated and heavily regulated health insurance program when the challenged mandates are penalties, not taxes, where the government argues Congress never intended the AIA to apply, and where the petitioners are currently being forced to comply with various parts of the law and thus have no other alternative remedy but the present action; (2) whether Congress exceeded its enumerated powers by enacting a novel and unprecedented law that forces individuals who otherwise are not market participants to enter the stream of commerce and purchase a comprehensive but vaguely defined and burdensome health insurance product, and if so, to what extent can this essential part of the statutory scheme be severed; and (3) whether Congress exceeded its enumerated powers by enacting a novel and unprecedented law that forces private employers into the health insurance market and requires them to enter into third-party contracts to provide a comprehensive but a vaguely defined health insurance product to their employees and extended beneficiaries, and if so, to what extent can this essential part of the statutory scheme be severed.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Oct 7 2011Petition for a writ of certiorari filed. (Response due November 10, 2011)
Oct 18 2011Brief of respondents Timothy F. Geithner, Secretary of the Treasury, et al. filed.
Oct 26 2011DISTRIBUTED for Conference of November 10, 2011.
Oct 28 2011Reply of petitioners Liberty University, et al. filed. (Distributed)
Nov 9 2011Letter of November 9, 2011, received from counsel for the petitioners. (Distributed)
Jun 25 2012DISTRIBUTED for Conference of June 28, 2012.
Jun 29 2012Petition DENIED.
Jul 23 2012Petition for Rehearing filed.
Aug 9 2012DISTRIBUTED.
Sep 17 2012DISTRIBUTED for Conference of September 24, 2012.
Oct 1 2012The respondents are requested to file a response to the petition for rehearing within 30 days (Response due October 31, 2012).
Oct 31 2012Brief of respondents Timothy F. Geithner, Secretary of the Treasury, et al. filed.
Nov 5 2012DISTRIBUTED for Conference of November 20, 2012.
Nov 26 2012The petition for rehearing is granted. The order entered June 29, 2012, denying the petition for a writ of certiorari is vacated. The petition for a writ of certiorari is granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Fourth Circuit for further consideration in light of National Federation of Independent Business v. Sebelius, 567 U. S. ___ (2012).
Dec 28 2012JUDGMENT ISSUED.
 
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