Showing posts with label Challenge. Show all posts
Showing posts with label Challenge. Show all posts

Va. Federal Judge Rejects Liberty University's Challenge To Health Reform Law

The Washington Post: "A federal judge in Virginia ruled Tuesday that the new health-care overhaul law is constitutional, dismissing a lawsuit filed by Liberty University in Lynchburg that had challenged the statute." The lawsuit argued that Congress does not have the authority to require employers to offer health insurance and "was also filed on behalf of two individuals who object to the law's requirements that all individuals purchase insurance by 2014 or face a fine." U.S. District Judge Norman K. Moon "ruled that the law falls within Congress's constitutional ability to regulate interstate trade" (Helderman, 11/30).

The New York Times: The ruling marks the second time in two months a federal judge has upheld the constitutionality of the health care law and two others are expected to rule in the coming months. "Last month, in a separate case, Judge George C. Steeh of Federal District Court in Detroit also upheld the law. ... Lawyers on both sides expect that the Supreme Court may eventually have to decide among conflicting lower-court opinions." Disagreeing with the plaintiff's argument that the law would regulate inactivity, "Judge Moon embraced arguments made by the Justice Department. 'Far from 'inactivity,' he wrote, 'by choosing to forgo insurance, plaintiffs are making an economic decision to try to pay for health care services later, out of pocket, rather than now, through the purchase of insurance'" (Sack, 11/30).


The Associated Press: "University law school dean Mathew Staver said in a telephone interview that he will promptly appeal the ruling to the 4th U.S. Circuit Court of Appeals in Richmond." The White House responded in a blog post: "In the weeks ahead, there will be additional court cases. ... We can't predict the outcome of each case, but we are confident that we will ultimately prevail in court and continue to deliver the benefits of reform to the American people" (O'Dell, 11/30).


Politico: Liberty University also "argued that the legislation's requirement that nearly all Americans purchase insurance coverage and its incentives for large employers to cover employees would allow the university's money to cover abortions, violating the religious values of the institution. The court flatly rejected that argument. 'The Act explicitly states that no plan is required to cover any form of abortion services,'" the judge said (Haberkorn, 11/30).

Bloomberg: "The case is one of several challenges to the health-care act, including a lawsuit filed in Florida federal court by 20 states. A separate action filed by Virginia Attorney General Kenneth Cuccinelli is before a federal judge in Richmond." A ruling is expected in that case by the end of the year (Fisk, 12/1).

This information was reprinted from kaiserhealthnews.org with kind permission from the Henry J. Kaiser Family Foundation. You can view the entire Kaiser Daily Health Policy Report, search the archives and sign up for email delivery at kaiserhealthnews

State Officials Weigh In On Health Overhaul Challenge

Legal Newsline: "In recent weeks, more than a dozen amicus briefs have been filed in the multi-state lawsuit against President Barack Obama's federal health care package. ... A total of 20 states are suing the federal government to stop implementation of Obama's health care law. ... Others, including Kansas, are talking about joining the fight." The original lawsuit, filed in March by outgoing Florida Attorney general Bill McCollum, "argues that requiring individuals to purchase health insurance or face a $695 yearly penalty is unconstitutional." Governors of Colorado, Michigan, Pennsylvania, and Washington, among others, argue the health care act should be upheld. In their 20-page brief, filed Nov. 19, the governors "point to their current state budgets, which they say have been 'severely impacted by the spiraling costs of services and insurance and declining access to affordable care.'"

Attorneys general in Kentucky, Oregon, Maryland, Vermont, and Iowa "also filed a brief in support of the federal government. They, too, are worried about the impact on their states' budgets if the act is not upheld, but also those residents in need of health care." A group of 32 U.S. Senators and House majority Leader John Boehner, R-Ohio, additionally filed a 20-page brief on Nov. 18, arguing that the commerce clause of the Constitution "does not authorize Congress to mandate the purchase of a particular product - only to regulate commercial activity in which people are engaged," effectively rendering the "individual mandate" provision of the health care law unconstitutional (Karmasek, 11/30).


This information was reprinted from kaiserhealthnews.org with kind permission from the Henry J. Kaiser Family Foundation. You can view the entire Kaiser Daily Health Policy Report, search the archives and sign up for email delivery at kaiserhealthnews

 
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