The Supreme Court has ordered the Fourth Circuit Court of Appeals to hear arguments from Liberty University, which is challenging Obamacare. The university argues that the mandate requiring employers to provide contraception is unconstitutional. Could the contested health care law end up back at the Supreme Court?

"Well yes, but not in the way a lot of us who oppose the statute from the bottom to the top would like," said senior judicial analyst Judge Andrew Napolitano.

He said that while the law can go back to the Supreme Court, he explained, “This is not a challenge again to the individual mandate and its constitutionality. This is a challenge to

one of its requirements.”


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That requirement is if you are an employer, hospital or school, you have to provide coverage for contraception. Liberty University and other faith-based organizations have objections to such services.

In the past, the court has ruled that individuals can’t say religion prevents them from obeying law. However, Judge Napolitano said, “If the Congress directly attacks your religion by forcing you to do something in direct contravention to your beliefs, the Congress can be stopped.”

And the judge believes the court's decision to hear this challenge is also a political move by Chief Justice John Roberts.

"John Roberts is looking to do a favor for the conservatives who believe he abandoned them last June," Napolitano said, referring to Roberts' decision in favor of upholding the individual mandate.


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