The Lynchburg, Va., Christian university was joined in the suit by five individuals who argued that the law's coverage mandates exceed Congress' authority and violate the Constitution. The federal government argued that the university did not have a right to file the suit and that the issues are not ready for trial, according to Politico.
Details of Ruling
In his opinion, U.S. District Judge Norman Moon "flatly rejected" Liberty's claim that the law allows the school's funds to cover abortion services. He wrote, "The act explicitly states that no plan is required to cover any form of abortion services" (Haberkorn, Politico, 11/30). Moon said Liberty did not establish how any of the law's required payments, fines or fees might be used to fund abortion care.
Moon also ruled that the law falls within Congress' constitutional ability to regulate interstate commerce. He wrote that even if individuals are uninsured, they are engaged in economic activity because they will inevitably need health services -- the costs of which will be borne by the rest of the health care system (Helderman, Washington Post, 11/30).
Other Suits Pending
Liberty's lawsuit is one of 15 suits challenging the health reform law. Many experts believe the issue ultimately will be argued before the U.S. Supreme Court (Washington Post, 11/30). The two major challenges to the individual mandate -- a lawsuit brought by Virginia Attorney General Ken Cuccinelli (R) and another brought by 21 states -- are moving forward (Pecquet, "Healthwatch," The Hill, 11/30). U.S. District Judge Henry Hudson has said he expects to rule on Cuccinelli's suit by the end of the year (AP/NPR, 11/30).
Reprinted with kind permission from http://www.nationalpartnership.org. You can view the entire Daily Women's Health Policy Report, search the archives, or sign up for email delivery here. The Daily Women's Health Policy Report is a free service of the National Partnership for Women & Families.
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