High Court Revives University’s Health Law Challenge

November 26, 2012 (PLANSPONSOR.com) – The U.S. Supreme Court granted a petition to rehear a case challenging the Patient Protection and Affordable Care Act (PPACA).

The high court had previously denied Liberty University’s request to review the case, but reversed that decision and remanded the case to the 4th U.S. Circuit Court of Appeals for further proceedings. The 4th Circuit previously upheld a decision by U.S. District Judge Norman Moon of the U.S. District Court for the District of Virginia denying the request by Liberty University and five individual plaintiffs to declare the reform law unconstitutional (see “Liberty College HCR Challenged Dismissed”).   

The Christian school in Virginia challenged the PPACA over whether the required coverage it calls for could be used to fund abortions. Moon pointed out that the law explicitly states that no plan is required to cover any form of abortion services and that in every state health benefit buying pool set up by the law there must be at least one plan that does not provide abortion services except for rape or incest or where the life of the woman is endangered.  

Liberty University and the other plaintiffs alleged that provisions of the Act violated their rights of freedom of religion, association and equal protection, citing requirements for purchasing health insurance by individuals or providing such benefits by employers.