Appeals Court Upholds Obama Healthcare Law

Tuesday, 08 Nov 2011 11:22 AM

 

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

WASHINGTON — President Barack Obama's signature healthcare law got a boost Tuesday when a U.S. appeals court agreed with a lower court that dismissed a challenge and found the law's minimum coverage requirement was constitutional.

The U.S. Appeals Court for the District of Columbia Circuit upheld a lower court ruling that had found it constitutional to require Americans to buy healthcare insurance coverage by early 2014 or face a penalty and had dismissed a lawsuit challenging it.

"It certainly is an encroachment on individual liberty, but it is no more so than a command that restaurants or hotels are obliged to serve all customers regardless of race . . . or that a farmer cannot grow enough wheat to support his own family," wrote Judge Laurence Silberman in the majority opinion, citing past federal mandates that inspired legal fights.

"The right to be free from federal regulation is not absolute, and yields to the imperative that Congress be free to forge national solutions to national problems, no matter how local — or seemingly passive — their individual origins."

It was the latest victory for the Obama administration, which sought the new law to try to stem the soaring costs of healthcare and to increase coverage for the more than 35 million Americans without healthcare insurance.

Two federal courts have thrown out the so-called individual mandate but others have upheld it. The Supreme Court is expected to take up the matter this term.

In the latest case, Judge Brett Kavanaugh broke with the other two justices on the panel and said the court did not have jurisdiction to decide the case.

In his 65-page dissent he wrote that the Anti-Injunction Act, "limits the jurisdiction of federal courts over tax-related matters" and said the penalty charged for not having insurance is a tax.

Kavanaugh also cautioned the courts against rushing to decide the constitutionality of the law, known as the Affordable Care Act, and urged waiting until 2015 when tax refund or enforcement suits would be filed over the mandate.

"We should hesitate to unnecessarily decide a case that could usher in a significant expansion of congressional authority with no obvious principled limit," Kavanaugh wrote.

Last month the Obama administration asked the Supreme Court for a quick ruling on the requirement. The high court could resolve uncertainty over the law that is affecting the federal government, states and companies. The court's current term runs through June 2012.

More than half the states have sued to challenge the law, saying Congress overstepped its constitutional authority.

A three-judge panel of the 11th Circuit Court agreed, saying in August that the law is not protected by the Commerce Clause of the U.S. Constitution, which allows Congress to regulate commerce among states.

It too said the penalty for not having insurance was akin to a tax, which the U.S. government was not entitled to levy.

But a U.S. Appeals Court in Cincinnati said the individual mandate was constitutional.

Meanwhile, Virginia is asking the Supreme Court to overturn a decision throwing out its challenge that contends federal law cannot trump a state one allowing residents to forego health insurance.

 

© 2014 Thomson/Reuters. 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

Former Member: Oklahoma Mosque Taught Radical Islam

Wednesday, 01 Oct 2014 22:43 PM

A former member of an Oklahoma mosque attended by the suspect in a recent beheading said members and leaders taught radi . . .

Rand Paul: 'I Am Not Opposed to Birth Control'

Wednesday, 01 Oct 2014 11:30 AM

Sen. Rand Paul, R-Ky., widely believed to be seeking the Republican nomination for president in 2016, cautiously tiptoed . . .

Dick Morris: Obama Went Out of Way to Miss Intelligence Briefings

Wednesday, 01 Oct 2014 11:15 AM

President Barack Obama has missed 58 percent of the national security intelligence briefings during each of his terms in . . .

Most Commented

Newsmax, Moneynews, and Independent. American. are registered trademarks of Newsmax Media, Inc. Newsmax TV, NewsmaxWorld, NewsmaxHealth, are trademarks of Newsmax Media, Inc.

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