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Posts Tagged ‘commerce clause of the constitution’

Court: Individual Mandate “Unconstitutional”

Wednesday, September 14th, 2011

MedPage Today reports:

“By Joyce Frieden, News Editor, MedPage Today
Published: September 13, 2011

Just a week after winning two court victories in Virginia, the Obama administration’s healthcare reform law hit a legal wall in Pennsylvania when a U.S. District Court judge ruled that forcing Americans to buy health insurance is unconstitutional.

Ruling in the case of Goudy-Bachman et al v. United States Department of Health and Human Services et al. Judge Christopher Conner of the U.S. District Court for the Middle District of Pennsylvania, in Scranton, wrote “The [individual mandate] provision of the [Affordable Care Act] exceeds Congress’s authority under the Commerce Clause.”

(more…)

Judges Offer Mixed View on Health Law

Wednesday, June 22nd, 2011

The Wall Street Journal reports:

“ATLANTA—A federal appeals court Wednesday took up the most significant legal challenge to last year’s health law, with judges giving mixed signals on the central issue of whether it was constitutional to require people to carry insurance or pay a penalty.

The three-judge panel was hearing the Obama administration’s appeal of a ruling in January by Judge Roger Vinson of U.S. District Court in Pensacola, Fla. Judge Vinson found the insurance mandate unconstitutional and took the extra step of declaring the entire law void, though he later put that part of the ruling on hold.

(more…)

Lawsuits Challenging U.S. Healthcare Reform

Saturday, April 30th, 2011

Reuters reports:

“Factbox: Lawsuits challenging U.S. healthcare reform
Wed, Apr 27 10:27 AM EDT

WASHINGTON (Reuters) – More than half of all U.S. states have launched lawsuits challenging the constitutionality of the healthcare reforms signed into law by President Barack Obama a year ago.

Most legal scholars expect one of the suits to reach the U.S. Supreme Court, but not until its 2011-12 term that begins in October. Individuals, advocacy groups and hospitals have also sued.

The following are details of the current state of legal challenges to the law: (more…)

Judge Hints He May Rule Against Health Law

Wednesday, December 22nd, 2010

The New York Times reports:

“A federal judge asserted on Thursday that it would be “a giant leap” for the Supreme Court to accept the Obama administration’s defense of a central provision of the new health care law, suggesting he may become the second judge to strike it down as unconstitutional.

(more…)

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