· 7/11/2013
Liberty University, Inc. v. Jacob Lew
Citations
- 733 F.3d 72
- 2013 WL 3470532
- 112 A.F.T.R.2d (RIA) 5089
- 2013 U.S. App. LEXIS 14052
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that employer mandate exaction in section 4980H is not a tax for purposes of the Anti-Injunction Act in part because it is not included in subchapter B of chapter 68 and no other provision deems it a tax
- observing that a neutral law of general applicability will have “no object that infringes upon or restricts practices because of their religious motivation and impose[] no burden ... on conduct motivated [only] by religious belief’
- calling it “well established” that a substantial burden does not arise where a “law or policy merely operates so as to make the practice of the individual’s religious beliefs more expensive”
- mistakenly concluding “Congress did not otherwise indicate that the employer mandate exaction qualifies as a tax for AIA purposes”
- mistakenly concluding “Congress did not otherwise indicate that the employer mandate exaction qualifies as a tax for AIA purposes”
- “Plaintiffs had the opportunity to raise these arguments in the district court and in the original briefing in this case but did not do so; thus the arguments are waived.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Motz, Davis, Wynn
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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