ObamaCare on its way to Supreme Court?

[Confederate Kahanist]

http://www.onenewsnow.com/Legal/Default.aspx?id=1245754

It appears another case challenging ObamaCare's demand that everyone buy health insurance is headed for the Supreme Court after a federal judge disagreed this week with Liberty University's argument against the law's constitutionality.

 

Judge Norman Moon ruled this week that Liberty University and two individual plaintiffs had standing to assert their constitutional claims against the individual and employer mandates in the healthcare law. He also said their arguments were ripe for consideration.

"We're on our way now to the federal court of appeals, which puts this on a fast track ahead of every other case in the country at the court of appeals," explains Mat Staver, founder of Liberty Counsel and dean of Liberty University School of Law. "So we're looking very much forward to moving forward, and we believe at the end of the day at the court of appeals or at the U.S. Supreme Court this healthcare law will be found unconstitutional beyond the power of Congress to regulate."

Matt StaverJudge Moon also held that the Anti-Injunction Act, which prohibits taxpayers from trying to enjoin the collection of taxes, does not bar the claims. He then ruled on the merits of the substantive claims, finding that Congress acted within its authority under the Commerce Clause when it enacted the mandates in the healthcare law.

But Liberty Council has now filed a notice of appeal and will next file its brief.

"I expected that the judge would ultimately find force on the standing, the rightness and the fact that there is no bar to our suit. I didn't expect that he would rule on the merits, especially at this stage," Staver admits. "I thought that he would have it go to summary judgment. But...he's essentially short-circuited summary judgment and ruled on the very merits now, which means that we can go directly to the court of appeals."


The case will be argued sometime in early 2011, and the Liberty Counsel founder expects it to go all the way to the Supreme Court.