Federal Judge Dismisses Lawsuit Claiming Health Reform Law Funds Abortions

 a federal judge in Virginia dismissed Liberty University's lawsuit that argued the federal health reform law (PL 111-148) is unconstitutional and would permit the religious institution's insurance payments to cover abortion services, Politico reports.

The Lynchburg, Va., Christian university was joined in the suit by five individuals who argued that the law's coverage mandates exceed Congress' authority and violate the Constitution. The federal government argued that the university did not have a right to file the suit and that the issues are not ready for trial, according to Politico.

Details of Ruling

In his opinion, U.S. District Judge Norman Moon "flatly rejected" Liberty's claim that the law allows the school's funds to cover abortion services. He wrote, "The act explicitly states that no plan is required to cover any form of abortion services" (Haberkorn, Politico, 11/30). Moon said Liberty did not establish how any of the law's required payments, fines or fees might be used to fund abortion care.

Moon also ruled that the law falls within Congress' constitutional ability to regulate interstate commerce. He wrote that even if individuals are uninsured, they are engaged in economic activity because they will inevitably need health services -- the costs of which will be borne by the rest of the health care system (Helderman, Washington Post, 11/30).

Other Suits Pending

Liberty's lawsuit is one of 15 suits challenging the health reform law. Many experts believe the issue ultimately will be argued before the U.S. Supreme Court (Washington Post, 11/30). The two major challenges to the individual mandate -- a lawsuit brought by Virginia Attorney General Ken Cuccinelli (R) and another brought by 21 states -- are moving forward (Pecquet, "Healthwatch," The Hill, 11/30). U.S. District Judge Henry Hudson has said he expects to rule on Cuccinelli's suit by the end of the year (AP/NPR, 11/30).

Reprinted with kind permission from http://www.nationalpartnership.org. You can view the entire Daily Women's Health Policy Report, search the archives, or sign up for email delivery here. The Daily Women's Health Policy Report is a free service of the National Partnership for Women & Families.

Families USA: Dismissal Of Liberty University's Lawsuit Is A Victory For Health Care Consumers

The following is the statement of Kathleen Stoll, Deputy Executive Director of Families USA, in response to the U.S. District Court for the Western District of Virginia's ruling dismissing the case of Liberty University et al. v. Geithner et al., Liberty University's challenge to the Affordable Care Act:

"Yesterday's ruling by the United States District Court for the Western District of Virginia dismissing Liberty University's challenge to the Affordable Care Act marks an important victory for health care consumers across the country. For the second time in as many months, a federal court has upheld the Affordable Care Act, and it specifically found the personal responsibility provision to be squarely constitutional. As in the Michigan case that was decided in October, a federal court has correctly rejected the radical arguments put forth by opponents of the Affordable Care Act.

"These two rulings show how far out of the legal mainstream the lawsuits against the Affordable Care Act really are. These lawsuits are in fact politically motivated efforts to distract from and undo the enormous progress represented by the new law.

"In the meantime, states and the federal government should continue to move forward to implement the new law, including protecting people with pre-existing conditions from denials of coverage and unaffordable premiums, requiring insurance companies to set fair premiums for everyone, improving Medicare for seniors and people with disabilities, and helping small businesses that want to provide coverage to their workers. Moreover, within a few years, low- and middle-income families will receive new tax credits to purchase health insurance, and tens of millions of Americans who currently lack health insurance will have affordable coverage.

"Health care consumers have much to gain from the continued implementation of the Affordable Care Act, and two separate federal courts have now agreed that there is no legal impediment to moving forward."