After an earlier dismissal on procedural grounds by the U.S. Court of Appeals for the Fourth Circuit, Liberty University’s challenge to the Affordable Care Act (“Act”) will soon be on the front burner again. In a summary order of November 26, the Supreme Court sent the case, Liberty University v. Geithner, back to the Fourth Circuit to be re-heard in light of the high court’s June decision in National Federation of Independent Business v. Sebelius. Remaining issues to be resolved (as argued in the university’s Petition for Rehearing. include challenges to the Act under the Commerce Clause, Necessary and Proper Clause, and Free Exercise Clause, among others.
How the case is resolved in the Fourth Circuit (VA, WV, MD, NC, SC) will have implications for universities as well as other organizations located in the circuit.