You must Publish this diary to make this visible to the public,
or click 'Edit Diary' to make further changes first.
Posting a Diary Entry
Daily Kos welcomes blog articles from readers, known as diaries. The Intro section to a diary should be about three paragraphs long, and is required. The body section is optional, as
is the poll, which can have 1 to 15 choices. Descriptive tags are also required to help others find your diary by subject; please don't use "cute" tags.
When you're ready, scroll down below the tags and click Save & Preview. You can edit your diary after it's published by clicking Edit Diary. Polls cannot be edited once they are published.
If this is your first time creating a Diary since the Ajax upgrade, before you enter any text below, please press Ctrl-F5 and then hold down the Shift Key and press your browser's Reload button to refresh its cache with the new script files.
ATTENTION: READ THE RULES.
One diary daily maximum.
Substantive diaries only. If you don't have at least three solid, original paragraphs, you should probably post a comment in an Open Thread.
No repetitive diaries. Take a moment to ensure your topic hasn't been blogged (you can search for Stories and Diaries
that already cover this topic), though fresh original analysis is always welcome.
Use the "Body" textbox if your diary entry is longer than three paragraphs.
Any images in your posts must be hosted by an approved image hosting service (one of: imageshack.us, photobucket.com, flickr.com, smugmug.com, allyoucanupload.com, picturetrail.com, mac.com, webshots.com, editgrid.com).
Copying and pasting entire copyrighted works is prohibited. If you do quote something, keep it brief, always provide a link to the original source, and use the <blockquote> tags to clearly identify the quoted material. Violating this rule is grounds for immediate banning.
Be civil. Do not "call out" other users by name in diary titles. Do not use profanity in diary titles. Don't write diaries whose main purpose is to deliberately inflame.
House Republicans aren't the only dead-enders still fighting a battle that the Supreme Court already put away on Obamacare. Liberty University is still litigating over it, and trying to expand their original filing. The Fourth Circuit will take up the case this month.
Liberty’s lawsuit now has several points: that the employer mandate violates the Commerce Clause; that the individual and employer mandates violate the First Amendment’s religious protections as well as the Religious Freedom Restoration Act; and that since the individual mandate’s penalty was ruled a tax by the Supreme Court, the bill should have started in the House—not the Senate.
The aspect of Liberty’s case that’s gotten the most attention from other plaintiffs may be its contraceptives claim. The school says that the law is violating its right to religious freedom by requiring it to cover, through its employee health plans, birth control and drugs that it says can cause abortions. More than 50 other lawsuits have been filed throughout the country, challenging the same provision. And the issue is likely to reach the Supreme Court. [...]
[T]he Obama administration’s lawyers say that Liberty didn’t file that charge back in 2010—the contraceptive coverage rules hadn’t come out yet—so it can’t add that to its lawsuit now.
That won't stop them from trying. Back in September, 2011, the Fourth Circuit tossed Liberty's case on jurisdictional grounds. Liberty appealed, and the Supreme Court sent it back, after asking the Justice Department to respond to the challenge. The DoJ wants to have this rehearing, probably because the Fourth Circuit is among the more liberal courts.
So, anyway, here we go again. Back on the floor of the House, and back in the courts.
Originally posted to Joan McCarter on Thu May 16, 2013 at 12:07 PM PDT.