Supreme Court Rejects Employer-Mandate Challenge

The Court declined to review the constitutionality of Obamacare’s employer mandate for the second time.

WASHINGTON, DC - JUNE 28: Obamacare supporters and protesters gather in front of the U.S. Supreme Court to find out the ruling on the Affordable Health Act June 28, 2012 in front of the U.S. Supreme Court in Washington, DC. The Supreme Court has upheld the whole healthcare law of the Obama Administration. (Photo by Alex Wong/Getty Images)
National Journal
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Sophie Novack
Dec. 2, 2013, 7:41 a.m.

The Su­preme Court de­clined to hear a chal­lenge to Obama­care’s em­ploy­er man­date Monday, ac­cord­ing to SCOTUS­b­log.

The com­plaint was made by Liberty Uni­versity in Lynch­burg, Va. A re­li­giously af­fil­i­ated in­sti­tu­tion, the school also sought new re­view of the in­di­vidu­al man­date and the con­tra­cep­tion-cov­er­age re­quire­ment.

The Af­ford­able Care Act re­quires em­ploy­ers with 50 or more work­ers to make in­sur­ance cov­er­age avail­able to their work­ers or face a pen­alty. Ori­gin­ally set to go in­to ef­fect in 2014, the em­ploy­er man­date was delayed one year to give em­ploy­ers more time to com­ply.

The Liberty Uni­versity case in­volved a num­ber of chal­lenges to the Af­ford­able Care Act that had not been ap­pealed or that the Court had de­clined to re­view when it ruled on the con­sti­tu­tion­al­ity of the law two years ago. The high court agreed to re­view the con­sti­tu­tion­al­ity of the in­di­vidu­al man­date in 2012, but de­clined to re­view the em­ploy­er man­date. The in­di­vidu­al man­date was up­held un­der the gov­ern­ment’s tax­ing power.

Des­pite with­stand­ing two at­tempts to chal­lenge it in the Su­preme Court, the em­ploy­er man­date is still fa­cing oth­er chal­lenges in lower courts.

The Su­preme Court de­cided last week to hear two cases chal­len­ging the health law’s con­tra­cep­tion man­date. 

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