The U.S. Supreme Court has granted the Liberty University in Virginia a second hearing on its suit against the individual mandate clause for employers. The Liberty University, an Evangelical university, challenged the mandate requirement in President Obama's Affordable Health Care Act stating that requiring an employer to provide healthcare to its employees is a direct violation of the commercial clause.
In addition, since the university is a religious institution, it argues that providing to health care to its employees could mean financing abortions, which is against its religious principles.
The case was dismissed by the 4th U.S. Circuit Court in 2011, but has now been granted a second chance by the country's apex court.
In the most awaited decision of the year, the Supreme Court ruled to uphold the most controversial part of the healthcare plan. The individual mandate clause, which requires every American to have healthcare or incur a financial penalty, was upheld as being within the constitutional authority of the federal government to impose taxes. The Affordable Healthcare Act aka Obama care was upheld in a 5-4 vote.
Justice John Roberts provided the tie-break vote. Roberts vote does in deed surprise, since he is known to be a conservative judge appointed by former President George Bush in 2005. Roberts stated that since there was sufficient precedence establishing the federal government's powers in tax-measures and interstate commerce, the individual mandate clause was perfectly constitutional.
In the majority writing, Justice Roberts stated, "The most straightforward reading of the individual mandate is that it commands individuals to purchase insurance. But, for the reasons explained, the Commerce Clause does not give Congress that power. It is therefore necessary to turn to the Government's alternative argument: that the mandate may be upheld as within Congress's power to 'lay and collect Taxes," as reported by the Boston Globe.
Justice Roberts joined the four liberal Justices - Stephen Breyer, Ruth bader Ginsburg, Elena Kagan and Sonia Sotomayor in providing the majority to pass the bill.
Justice Anthony Kennedy, who was expected to be the swing vote, voted against the mandate.
The ruling, of-course, as expected was fractured. The court struck down the clause that stated that the federal government would withhold Medicaid funds from a state that does not impose the healthcare reform. The court ruled that the central government couldn't penalize a state by withholding funds.
The new law goes into affect in 2014.
