Health care plan not healthy

Liberty University is the first private institution to file a lawsuit against  the health care law. The suit was filed March 23, the day the Health Care bill passed Congress. Liberty Counsel argued its case in federal court in Lynchburg on Friday.

Liberty is not alone. Twenty states have filed lawsuits against the legislation, according to CNN. In mid-October, a federal judge in Pensacola, Fla., and another in Richmond heard motions to dismiss cases filed by the U.S. Department of Justice defending the health care law on behalf of the federal government. Both the judges recently denied the motions to dismiss and will later rule on the merits of the case.

In Lynchburg, approximately 70 law school students and community members packed the courtroom, listening to more than two-hours of arguments from U.S. Attorneys and law school dean and Chairman of Liberty Counsel Mathew Staver.

The U.S. attorneys argued that the lawsuit should be dismissed on the grounds that there are “too many uncertainties,” claiming the Health Care bill will not affect Liberty University until 2014.

Federal Judge Norman Moon asked the attorneys what circumstances would not apply to the univeresity.

“We do not know if (reform) will apply to Liberty yet,” one of the U.S. Attoneys argued.The health care law will impose heavy penalties on institutions that do not comply, according to Staver.

Liberty University could face $1.1 million in penalties, he said. This fine will reoccur every time one employee is deemed not to have the “minimum essential coverage” under the law.

“Liberty University cannot wait for 2014; it must arrange these financial affairs now,” Staver said. “We must re-examine everything (the health care bill) does and look at financial costs.”

This lawsuit is similar to cases filed by Attorneys General Bill McCollum in Florida and Ken Cuccinelli in Virginia, but Liberty’s case is also unique, according to Staver.

In addition to arguing that Congress lacks the authority to mandate every person in America to purchase a particular kind of health insurance or pay a penalty, it argues that the bill violates the establishment and free exercise clauses in the U.S. Constitution, which guarantees freedom of religion and freedom to practice religion, Staver said.

“(Liberty employees) would participate in a market they don’t want to participate in and one that violates their religious beliefs,” Staver said.

The bill also violates the commerce clause, according to Staver.

“We are crossing a threshold we have never crossed,” Staver said. “It is regulating an inactivity and forcing everyone to participate by purchasing health insurance.”

Delegate Kathy Byron is facing a conflict crossing that threshold, according to Staver. She helped pass the Virginia Health Care Freedom Act, which allows individuals to choose their own health care policies.

Byron told a crowd outside the court building downtown that the federal law is in “direct conflict with state law.”

“This healthcare legislation was forced on our nation against the will of the American people. It included a takeover of the student loan industry. It will fund abortions. It favors certain religions over others in violation of the first amendment.

It will make healthcare more expensive and will diminish the quality of the American healthcare system in my opinion. If it is fully implemented, I don’t want my kids or grandkids to ask 20 or 30 years from now why we didn’t take action to stop it from destroying the greatest healthcare system in the world,” Chancellor Jerry Falwell, Jr. said.

Moon will make a ruling at another time. The U.S. Attorneys did not comment on this case.

Zosh is the editor in chief.