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Home / Courts / 4th Circuit / Civil Rights – ACA Employer Mandate Upheld on Remand (access required)

Civil Rights – ACA Employer Mandate Upheld on Remand (access required)

Liberty University Inc. v. Lew On remand from the U.S. Supreme Court, the 4th Circuit says the Anti-Injunction Act does not bar a pre-enforcement challenge to the employer and individual mandates of the Patient Protection and Affordable Care Act, plaintiffs have standing to challenge the mandates, Congress acted within the scope of its constitutionally delegated powers when it enacted the employer mandate and neither mandate violates plaintiffs’ First Amendment protections.

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