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High Court breathes new life into ObamaCare lawsuit

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    Supreme Court says Liberty University's legal challenge can proceed

  • Duration 4:07
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So now -- find the US Supreme Court breathing new life into a major lawsuit against the president's health care plan.

Liberty University says the plan violates its religious freedom.

And -- got an issue with that mandate as well just this week the Supreme Court said this case should be heard.

At a lower level months sabres the dean of the liberty university school of -- or good morning to you.

Thank you for your time wanted to be with you you know the court has -- let me Justice Roberts says the mandate stands.

How can you argue today that you can bring a fresh challenge to that man.

By the fact that the Supreme Court actually granted our motion for rehearing -- petition for rehearing is huge it speaks volumes and obviously I think.

There are justices on the US Supreme Court that want to reconsider this case and so now we're back on a fast track.

Through the Court of Appeals and back to the United States Supreme Court probably and 2013.

But here's what we have that's different.

The issues that we have had not been argued before the court before first of all the employer mandate across the board for religious and secular employers.

We are arguing that that's unconstitutional.

But if the Supreme Court were to uphold the employer mandate like it did in the individual mandate.

The other argument is I think this is a significant one is the free exercise of religion.

This has a collision course that's in the making with obamacare and religion in 2013 -- health care policies come up for renewal.

And liberty university for example as a Christian university the largest Christian university in the world.

One of the core issues of liberty university's Christian doctrine is the sanctity in human life that life begins.

In the womb and we must protect it we can't kill the end of the individual children and we must not be participating in funding abortion.

Yet that's what's gonna be a collision course in 2013 for liberty university and suicides.

And I -- just -- but that's unique just to put a fine point on -- -- arguing that the mandate that requires you to contribute to the health care law.

That money then would be used to cover.

The cost of abortion.

And and and that there's an argument about violating religious freedom -- I have that right.

In part in fact the mandate requires liberty university and other organizations religious -- as well as secular to provide abortion coverage or abortion inducing drugs.

Liberty University doesn't do that now and that's a line that we cannot and will not cross.

That's the collision that's coming in 2013 and I think the Supreme Court shows an interest by the fact that they allowed this to continue.

In fact in the last term the Supreme Court issued a nine -- decision in favor of the free exercise of religion rejecting the department of justice's.

Position that ought to be very limited they have a very expansive.

Position on this issue in the fact that they've done that in the last term and they now breathe new life in this case.

I think shows that there's an interest.

And ultimately address in this case we're headed or where you Malaysian and 2013 what why do you believe the court made that ruling.

Well you know that's why they're on serious -- you you should hear add -- -- your case heard.

And the following today I had a pretty obvious what were worried during the original challenge on this case.

Well we were actually at the original challenge in fact liberty university and private individuals Liberty Counsel filed the suit.

Back in march of 2000 intense and we were the very first private lawsuit in the country.

-- -- at the district court at the federal Court of Appeals and in 2011.

The Court of Appeals didn't address our merits of the case they -- -- ruled that the anti injunction act prohibited them from getting to the merits.

We asked the Supreme Court to review that matter.

And Liberty's case was the very first day of the three days of oral argument on the and I -- -- on the court off when made its ruling -- ruled in our favor and that's where we are now.

Breathing new life into this case having the -- -- the Court of Appeals to now address our issues if the court thought that there was no merit and -- issues or.

If they simply did not want to be bothered by obamacare again.

They could have easily -- -- -- -- touched -- understood granted it'll be interesting to -- we'll see whether or not and has success -- going back before the justices.

You're saying the end of 2013.

-- something we'll watch sir thank you -- favor Liberty University thank you for your time today just about 1030 here in New York -- --