Chief Justice John Roberts and his cohorts on the U.S. Supreme Court will get a second chance to slap down the health care takeover known as Obamacare.

The 4th U.S. Circuit Court of Appeals ruled today that the Constitution’s Commerce Clause is enough authority for Congress to demand employers purchase private health insurance for their employees or pay government fines.

The case was launched by Liberty University at the outset of the fight over Obamacare. The university confirmed today as soon as the appellate court decision was announced that it would petition the Supreme Court to hear its challenge to the entire employer mandate.

“If we are successful in striking down the employer mandate, it will benefit both religious and nonreligious employers,” the university said in an announcement. “The petition will also include the claim that the forced funding of abortion violates the free exercise of religion and the Religious Freedom Restoration Act with respect to individuals.”

Mat Staver, founder and chairman of Liberty Counsel, which is representing Liberty University, said he’s glad the court “reached the merits on the employer mandate, even though the court got it wrong, because this clears the way for the case to now go to the Supreme Court.”

“The Supreme Court concluded that the individual mandate cannot be upheld under the Commerce Clause because Congress cannot force people to buy an unwanted product,” Staver said. “But this court of appeals has now decided that Congress can force employers to buy an unwanted product. As Congress cannot force individuals to buy an unwanted product, neither can it force employers to do so. I look forward to having this matter before the Supreme Court.”

The appeals court agreed with Liberty Counsel on the procedural issues raised, that the school and individual plaintiffs have legal standing to bring the case and that the Anti-Injunction Act does not interfere.
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