Challenges to Federal Health Law Escalate
By Christine Vestal, Staff Writer
On Wednesday (September 28) the U.S. Department of Justice, along with 26 states and a small-business group, asked the U.S. Supreme Court to rule as quickly as possible on the constitutionality of the Affordable Care Act, making a decision nearly certain by next summer.
Here's a quick look at appeals court rulings so far. In every case, plaintiffs charged the law's "individual mandate," which penalizes those who fail to sign up for health insurance, is unconstitutional. Some cases also charged the law's expansion of Medicaid places an unfair financial burden on states.
• In June, the 6th U.S. Circuit Court of Appeals in Cincinnati upheld the federal health law, in a case brought by the Thomas More Law Center.
• In August, the 11th U.S. Circuit Court of Appeals in Atlanta sided with states in ruling that the individual mandate is unconstitutional. It is this decision that the Justice Department asked the Supreme Court to overturn. States and businesses would like to see an even more sweeping ruling against the federal law.
• Also in August, two appeals cases were dismissed. The 9th Circuit Court of Appeals in Pasadena, California dismissed a case brought by Steve Baldwin and the Pacific Justice Institute. Another case, brought by New Jersey Physicians, an interest group representing doctors, was dismissed by the 3rd U.S. Circuit Court of Appeals in Philadelphia.
• In early September, the 4th U.S. Circuit Court of Appeals in Richmond rejected two other lawsuits. In one case, brought by Liberty University, the court said the case could not be tried until the individual mandate takes effect in 2014. In the other — brought by the state of Virginia — the judges ruled the state lacked legal standing.
• Last week, the U.S. Court of Appeals for the D.C. Circuit heard oral arguments in a case brought by the American Center for Law and Justice.
In October, the 8th U.S. Circuit Court of Appeals will hear oral arguments in a case brought by Missouri Lt. Gov Peter Kinder. More than 20 other lawsuits — several involving state officials — are still winding their way through lower federal courts.