A lawsuit challenging Obamacare by Liberty University was originally dismissed by the Supreme Court when it issued its historic decision on the Patient Protection and Affordable Care Act (PPACA) in June 2012, but under petition, the court has now mandated the 4th Circuit Court of Appeals to reopen the case and examine the constitutionality of the employer mandate and the no-cost contraception provision.

In June, the main issue was the individual mandate that all Americans must buy health insurance or pay a fine. That was resolved when Chief Justice John Roberts ruled with the conservative justices that the mandate was indeed unconstitutional under the Constitution's Commerce Clause, but then also sided with the liberals to say that it was perfectly legal under the government's power to tax. Thus the individual mandate survived.

The issue of the employer mandate is a bit different in that it affects only employers with 50 or more persons on the payroll. It then kicks in with a double whammy: If the company doesn't offer health insurance, it must pay a penalty, but on the flip side, if the company offers "unaffordable" health insurance, tit must pay a penalty for that as well.

The Liberty University lawsuit challenges the employer mandate on two grounds. First, it says that the mandate is unconstitutional because there is no enumerated power allowing Congress to set such mandates. Second, it says the mandate is unconstitutional because its no-copay contraception guarantee violates Liberty's (and others') freedom of religion.

The 4th Circuit could take up the lawsuit by next spring, and if the Supreme Court so chooses, it could then reopen the lawsuit itself. The high court, however, gave no indication that it intended to revive the case itself.