Tags: BLAW | BNALL | BNSTAFF | BNTEAMS | BUSINESS | CNG | COS

Appeals Court to Speed Review of Healthcare Ruling

Tuesday, 08 Feb 2011 06:00 PM

 

Share:
  Comment  |
   Contact Us  |
  Print  
|  A   A  
  Copy Shortlink

The Obama administration’s healthcare plan will get accelerated review of its constitutionality in the U.S. appeals court in Cincinnati, putting the case on the same timetable as two appeals in Virginia.

The court today granted a request for an expedited hearing from the Thomas More Law Center, a Michigan-based Christian advocacy group seeking to reverse a federal judge’s Oct. 7 decision throwing out its challenge to the law. The case will be scheduled for oral argument during the court’s session of May 30 through June 10.

“We would have preferred an even more expedited schedule, but the government is going to be tied up in Virginia,” said David Yerushalmi, an Arizona lawyer who represents the Thomas More Law Center. “It’s certainly expedited enough for our purposes.”

The center is appealing the decision of U.S. District Judge George Caram Steeh in Detroit to throw out its request for an order blocking enforcement of the Patient Protection and Affordable Care Act signed into law on March 23, the same day the suit was filed.

Steeh’s decision is one of two rejecting constitutional challenges to the legislative package intended to create almost universal healthcare coverage in part by compelling people over age 18 to obtain minimal coverage or pay a tax penalty.

The Virginia cases are scheduled to be heard during the May 10-13 argument session. Virginia Attorney General Ken Cuccinelli has asked the U.S. Supreme Court to take the Virginia case before it can be heard by the appeals court.

The law center’s request for an expedited argument was unopposed by the U.S. Justice Department.

“This essentially puts us on the same track — timing wise — with the Virginia case,” Yerushalmi said.

While U.S. District Judge Norman Moon in Lynchburg, Va., upheld the measure on Nov. 30, two other U.S. judges, Henry Hudson in Richmond, Va., and Roger Vinson in Pensacola, Fla., found the individual mandate portion of the act exceeded the legislative powers of Congress.

Hudson struck down that part of the law, allowing the remainder of it to stand. Vinson ruled that the mandate was essential to the legislative scheme, and ruled the entire act was thus void.

The government, which sought the expedited review in Virginia, also has said it will appeal Vinson’s ruling.

The case is Thomas More Law Center v. Obama, 10-2388, U.S. Court of Appeals for the Sixth Circuit (Cincinnati).

© Copyright 2014 Bloomberg News. All rights reserved.

Share:
  Comment  |
   Contact Us  |
  Print  
  Copy Shortlink
Around the Web
Join the Newsmax Community
Please review Community Guidelines before posting a comment.
>> Register to share your comments with the community.
>> Login if you are already a member.
blog comments powered by Disqus
 
Email:
Country
Zip Code:
Privacy: We never share your email.
 
Hot Topics
Follow Newsmax
Like us
on Facebook
Follow us
on Twitter
Add us
on Google Plus
Around the Web
Top Stories
You May Also Like

Taliban Strength, Afghan Army Failures Spur Growing US Role

Monday, 24 Nov 2014 16:16 PM

As U.S. forces withdraw from Afghanistan, there are mounting questions about the ability of Afghan security forces to pr . . .

Hagel's Abrupt Exit Unique for Cabinet Member From 'Other Party'

Monday, 24 Nov 2014 15:54 PM

As unexpected as the news was Monday that Secretary of Defense Chuck Hagel was resigning, what is even more stunning is  . . .

Twitterverse Oozes With Anticipation of a Chuck Hagel Tell-All

Monday, 24 Nov 2014 15:23 PM

As Defense Secretary Chuck Hagel resigned Monday, political cynics were relishing the prospect of another tell-all book  . . .

Most Commented

Newsmax, Moneynews, Newsmax Health, and Independent. American. are registered trademarks of Newsmax Media, Inc. Newsmax TV, and Newsmax World are trademarks of Newsmax Media, Inc.

 
NEWSMAX.COM
America's News Page
©  Newsmax Media, Inc.
All Rights Reserved