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Health-Care Law Could Come Back to Supreme Court
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FBN's Peter Barnes on the Supreme Court’s new term and cases.
- Duration 2:45
- Date Oct 1, 2012
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FBN's Peter Barnes on the Supreme Court’s new term and cases.
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US Supreme -- kicking off the fall term and health care may soon be back on the agenda.
Q Barnes outside the Supreme Court with her -- Peter.
That's good as it.
Military see this was tucked into an order today from the court the order was Liberty University.
Vs Geithner the secretary of the treasury treasury.
Liberties case a direct challenge to president Obama's healthcare reform law it doesn't mean that this is gonna be hurt again -- at the High Court.
But it is a crack in the door for that possibility Liberty University was one of the first organizations to file a lawsuit against Obama care but an appeals court.
Shut down its suit under the anti injunction active 1867.
Remember that that that was the law after the civil war that said taxpayers cannot sue the government.
Until they have suffered some kind of financial harm -- injury in this case paying -- one of the various taxes or penalties under -- -- In June the Supreme Court ruled in upholding obamacare.
In part that the anti injunction act did not prohibit cases against obamacare so liberty has filed for a re hearing.
-- over the employer mandate.
Not in obamacare and other issues.
By the appeals court that originally shot it down the court has asked the Obama administration to reply within thirty days on whether or not it thinks that the appeals court should hold a -- hearing so.
Appeals court first if that happens and then they've been -- that the appeals court pick a bubble back up here treated.
Yeah that that's the secular but you're gonna keep -- -- -- of it can't we also know the court it's not -- taking up whether or not companies are liable.
The human rights abuses at their facilities overseas right.
Yeah that's right as a very important case involving human rights violations in Nigeria back in the 1990s.
And royal Dutch petroleum.
The shell oil company and it basically the plaintiffs here.
Have -- in the United States there are Nigerians.
Who got asylum here they -- the United States and had something.
Called the anti excuse me the alien tort statute allows them to do that but the facts in the case.
You know they were Nigerians the alleged crimes happened in that.
Nigeria.
They were with -- foreign companies and so the question is is whether or not a basically have jurisdiction.
To file for civil damages here to file and and receive.
Payment for these alleged crimes that happen in Nigeria.
Court wrestling with that because if if the rules they can.
-- a lot of companies could be liable for Iraq for a lots of things other other cases around the world and in other countries -- -- then is little mini live degree thing.