Tag: Judiciary
Challenges to the Affordable Care Act: Highlights from the Supreme Court Briefs (updated weekly)
Posted by Mark Dorley on March 27, 2012
About this special series: On November 4, 2011, the Supreme Court granted certiorari in two cases arising out of constitutional challenges to the Affordable Care Act (ACA). The Court is set to hear oral arguments in the (now consolidated) cases over three days, beginning on March 26, 2012. As part of our continuing coverage of the litigation, HealthReform GPS will post periodic updates as the parties and their amici file briefs in the coming weeks. Amicus briefs, filed by individuals and organizations with an interest in the outcome of the litigation, are also known as “friend of the court” briefs. In ACA litigation, numerous amicus briefs are expected on the four questions the Court will hear. For a detailed explanation of the cases and the four issues, click here.
The oral argument dates are shown below:
- Monday, March 26: Department of Health and Human Services et al., v. Florida et al.–Anti-Injunction Act – 1 hour beginning at 10 a.m.
- Tuesday, March 27: Department of Health and Human Services et al., v. Florida et al.–Minimum Coverage Provision – 2 hours beginning at 10 a.m.
- Wednesday, March 28: National Federation of Independent Business v. Sebelius, Secretary of HHS et al. and Florida et al., v. Department of Health and Human Services et al.–Severability – 90 minutes beginning at 10 a.m. AND Florida et al., v. Department of Health and Human Services et al.–Medicaid – 1 hour beginning at 1 p.m.
For access to our entire list of Supreme Court brief summaries, please click “Continue Reading” below.
Constitutional Challenges Update: Florida et al. v United States Department of Health and Human Services
Posted by Mark Dorley on January 4, 2012
On November 14, 2011 the United States Supreme Court agreed to hear oral arguments on issues that have arisen as a result of more than two dozen legal challenges to the Affordable Care Act (ACA) that were filed upon or immediately following the March 2010 enactment of the health reform law. The Court will consider four constitutional issues related to the ACA: (1) whether Congress has the power under Article I of the Constitution to enact the coverage requirement; (2) if the coverage requirement is found unconstitutional, whether it is severable from the remainder of the ACA; (3) whether the ACA’s requirement that states expand Medicaid eligibility or risk losing federal funds is unduly coercive in violation of the Tenth Amendment; and (4) whether the individual coverage requirement is a tax for purposes of the Anti-Injunction Act, meaning that plaintiffs seeking to challenge the requirement must wait until it takes effect in 2014.
Oral arguments are set for March 26-28, 2012, and a decision is expected by the end of the Court’s term in late June of 2012.
District court rules individual mandate unconstitutional
Posted by Mark Dorley on September 13, 2011
Judge Christopher Conner of the U.S. District Court for the Middle District of Pennsylvania has ruled that the individual requirement to purchase health insurance (individual mandate) under the Affordable Care Act (ACA) is unconstitutional. In his ruling, Judge Conner found that the individual mandate exceeds Congress’ power under the Commerce Clause of the U.S. Constitution. Judge Conner also agreed with the government’s position that because the individual mandate is so intertwined with both the guaranteed issue and pre-existing condition provisions, all must be invalidated if one is invalidated. Therefore, in his ruling, all three provisions were severed from the ACA.
For more information of legal challanges to the ACA, click here.
Continue Reading "District court rules individual mandate unconstitutional" »
Federal appeals court rules state of Virginia lacks standing in health reform challenge
Posted by Mark Dorley on September 8, 2011
The United States Court of Appeals for the 4th Circuit has ruled that the State of Virginia lacks standing to challenge the constitutionality Affordable Care Act (ACA). The Court found that the individual mandate did not apply to the State, and consequently, Virginia could not show that any injury resulting from the mandate’s enaction.
In a seperate but related opinion, the Court found that the tax anti-injuction act (AIA) negated its jurisdiction to hear hearing a lawsuit brought by Liberty University, also filed on the basis of ACA constitutionality.
For more information of legal challenges to the ACA, click here.
Appeals court rules individual mandate constitutional
Posted by Mark Dorley on June 29, 2011
The U.S. Court of Appeals for the 6th Circuit has ruled that the individual requirement to purchase health insurance under the Affordable Care Act (ACA) falls within Congress’ authority to regulate interstate commerce activities under the Commerce Clause, and is therefore, constitutional. At issue specifically in this case is the whether Congress can also regulate inactivity, that is, a person’s decision NOT to purchase health insurance. To this point, Judge Boyce F. Martin, Jr. wrote for the majority that, “although there is no firm, constitutional bar that prohibits Congress from placing regulations on what could be described as inactivity, even if there were it would not impact this case due to the unique aspects of health care that make all individuals active in this market.”
The 2-1 ruling, which upholds an earlier Michigan District Court Decision, is expected to be appealed by the plantiffs, who include the Thomas Moore Law Center, also of Michigan. They could ask for the case to be heard en banc, before the entire group of 16 judges in the 6th Circuit, or the plaintiffs could proceed by appealing directly to the U.S. Supreme Court.
Continue Reading "Appeals court rules individual mandate constitutional" »
Supreme Court Rejects Expedited Review Request in Virginia’s Health Reform Challenge
Posted by Mark Dorley on April 26, 2011
On April 25, the U.S. Supreme Court rejected Virginia Attorney General Ken Cuccinelli’s request for an expedited review in Virginia v. Sebelius, a decision by Judge Henry Hudson (E.D. Va.) invalidating the Affordable Care Act’s individual requirement to maintain health insurance coverage. The Department of Justice appealed Judge Hudson’s decision and the U.S. Court of Appeals for the 4th Circuit is expected to begin oral arguments as early as May 10, 2011.
Update to Constitutional Challenges to Health Reform: Mead et al. v. Holder et al.
Posted by Mark Dorley on March 2, 2011
A fifth U.S. District Court has issued a decision on a challenge to the constitutionality of the Patient Protection and Affordable Care Act (ACA) in Mead et al. v. Holder et al., finding the law is constitutional. Although legal challenges to the ACA have not been limited to the individual requirement to maintain health insurance coverage, the vast majority of cases have focused on this provision, commonly referred to as the individual mandate. To date, three district courts have held that Congress has the authority to require purchase of health insurance coverage as a reasonable exercise of its Commerce Clause powers, and two have struck down the provision as unconstitutional. A Florida district court has gone one step further, holding that the individual mandate, as an essential part of the ACA, was non-severable from the remainder of the Act and, as a result, struck down the entire statute.
Obama administration asks judge to clarify Florida health reform ruling
Posted by Mark Dorley on February 19, 2011
The U.S. Department of Justice has submitted a motion to Florida Judge Roger Vinson, which asks him to clarify whether or not his judgement relieves states of their responsibilites under the Affordable Care Act (ACA). The “Motion to Clarify” seeks to resolve the confusion between the Obama Administration and States on whether Judge Vinson’s judgement allows implementation of the ACA to continue moving forward while the case is currently under appeal.
Continue Reading "Obama administration asks judge to clarify Florida health reform ruling" »
District judge rules individual mandate unconstitutional
Posted by Lester Feder on December 13, 2010
District Judge Henry E. Hudson has ruled that the Affordable Care Act’s minimum essential coverage provision is unconstitutional in a case filed by Virginia Attorney General Ken Cuccinelli. “On careful review,” he writes, ” this Court must conclude that Section 1501 of the Patient Protection and Affordable Care Act — specifically the Minimum Essential Coverage provision — exceeds the constitutional boundaries of congressional power.”
Continue Reading "District judge rules individual mandate unconstitutional" »
Stay Connected
Most Popular Content
- Update: Essential Health Benefits FAQs posted on May 9, 2012
- Update: Exchanges Establishment and Eligibility Final Rule posted on April 10, 2012
- Contraception Coverage under the ACA’s Preventive Services Coverage Requirements, and Employer Implementation: An Update posted on April 20, 2012
- State Health Insurance Exchange Navigators posted on February 28, 2011
- Update on the Final Rule: Standards Related to Reinsurance, Risk Corridors and Risk Adjustment posted on April 4, 2012
Categories
- Congressional Action
- Disparities
- Expert Commentary
- Fraud and Abuse
- Health Care Quality and Delivery System Reform
- Health Information
- Health Insurance
- Implementation Briefs
- Judiciary
- Key Developments
- Agency Profile
- Department of Education
- Department of Health and Human Services
- Administration for Children & Families
- Administration on Aging
- Agency for Healthcare Research & Quality
- and Public Health Council
- Centers for Disease Control & Prevention
- Centers for Medicare & Medicaid Services
- Health Promotion
- Health Resources & Services Administration
- National Institutes of Health
- National Prevention
- Office of Consumer Information and Insurance Oversight
- Office of Inspector General
- Office of Minority Health
- Office of Public Health and Science
- Office of the Secretary
- Department of Justice
- Department of Labor
- Department of the Treasury
- Grants
- Legislation
- Rulemaking, Rules, and Guidance
- Legal Challenges
- Long Term Care
- Medicaid and CHIP
- Medicare
- Public Health
- Tax Policy
- Workforce and Access
Archives by Date
- May 2012
- April 2012
- March 2012
- February 2012
- January 2012
- December 2011
- November 2011
- October 2011
- September 2011
- August 2011
- July 2011
- June 2011
- May 2011
- April 2011
- March 2011
- February 2011
- January 2011
- December 2010
- November 2010
- October 2010
- September 2010
- August 2010
- July 2010
- June 2010
- May 2010
- April 2010
- March 2010
Recent Posts
- Treasury issues final rules on premium tax credits
- Departments of Labor, HHS, and Treasury issue summary of benefits and coverage FAQs
- Health Affairs article finds ACA saves individual market consumers significant out-of-pocket costs
- Commonwealth Fund issue brief finds health insurance improves outcomes for vulnerable populations
- CCIIO announces potential plans for risk adjustment
- HHS awards more Exchange establishment grants
- HHS publishes Exchange guidance and draft blueprint
- HHS releases web-based search tool to track health care system performance
- Heritage Foundation Recommends Eliminating Premium Subsidy for High Income Beneficiaries to Shore-Up Medicare
- Update: Medical Loss Ratio Requirements
