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Result? This would “tax or penalize Liberty University out of existence.”

Keep in mind that the Department of Health and Human Services has already issued hundreds of exemptions from portions of Obamacare for the unions that lobbied hard for Obamacare, and for more than 1,000 businesses, many of which donated to Democrats’ campaigns.

For the same reasons of conscience cited by Liberty, the individual mandate is an unconstitutional violation of the freedom of religion, the brief contends.

Congress declined to include a severance clause, which would have left Obamacare in place if portions were declared unconstitutional. All parties agreed that without the mandate, the system would collapse.

The Obamacare law itself in Section 1501 says plainly that the individual mandate is crucial. Without it, people would not buy insurance until they needed it.

“This court should declare the employer mandate and individual mandate unconstitutional,” the American Civil Rights Union’s brief concludes, “and, since those provisions are not severable, should declare the entire act unconstitutional.”

The Supreme Court will eventually hear this case. America’s health care system is hanging on a wing and a prayer.

Robert Knight is a senior fellow for the American Civil Rights Union and a columnist for The Washington Times.