Tag: Legal Challenges
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.
Prominent Republican Discusses Importance of Medicaid on Senate Floor
Posted by Mark Dorley on December 19, 2011
Senator Charles Grassley (R-IA), Ranking Member of the Senate Judiciary Committee, gave a speech on the Senate floor warning members of the dire consequences to Congressional powers if the Supreme Court finds in favor of States on the ‘Medicaid Commandeering’ argument. The Court has agreed to hear oral arguments on multiple challenges to the Affordable Care Act (ACA) over a three day stretch in late March of 2012. These challenges include an objection by States of the Medicaid expansion provisions of the ACA, which require States to expand Medicaid eligibility to 133% of the federal poverty level (FPL) in order to receive additional federal dollars.
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Legal Challenges Update: The Justice Department’s Petition for Writ of Certiorari in United States Department of Health and Human Services v. Florida
Posted by Mark Dorley on October 12, 2011
On September 28, 2011, the United States Justice Department (DOJ) asked the United States Supreme Court to review the decision of the court of appeals for the Eleventh Circuit striking down as unconstitutional what the DOJ terms the law’s “minimum coverage provision.” In seeking Supreme Court intervention, the DOJ sought review on two matters: first, whether Congress exceeded its Commerce Clause powers, as enhanced by the Necessary and Proper Clause; and second, whether the Anti-Injunction Act bars the challenges from proceeding in the first place.
Supreme Court formally asked to review health reform law
Posted by Mark Dorley on September 30, 2011
The National Federation of Independent Business (NFIB) and Virginia Attorney General Ken Cuccinelli have formally petitioned the Supreme Court to hear their challenges to the Affordable Care Act (ACA). Because of differing opinions within the federal appelate courts, the Supreme Court is expected to take up the case in the 2011-2012 term. This means a decision can likely be expected by June 2012.
For more information on legal challenges to the ACA, click here.
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Update: Legal Challenges to the Affordable Care Act
Posted by Mark Dorley on September 23, 2011
Since the enactment of the Affordable Care Act (ACA), at least 27 lawsuits have been filed challenging the constitutionality of various provisions of the law. While nearly half of the lawsuits have been dismissed on procedural grounds, three district courts have found provisions challenged to be constitutional, and three have found them to be unconstitutional. Previous HealthReform GPS Implementation briefs/updates have discussed these lower court decisions. Following appeals of each of these rulings, the United States Courts of Appeals in the Fourth, Sixth, and Eleventh Circuits have now issued decisions as well. Most importantly, the appellate decisions continue to reflect a split in judicial opinion regarding the constitutionality of the Affordable Care Act’s individual mandate. Other important issues addressed by the appellate rulings concerned the constitutionality of the ACA Medicaid expansion and the question of whether the trial court in the Virginia cases (Liberty University v. Geithner and Commonwealth of Virginia v. Sebelius) had the authority to hear the cases at all.
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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.
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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.
CRS issues report on individual mandate under ACA
Posted by Mark Dorley on August 24, 2011
The Congressional Research Service (CRS) has released a report on the individual requirement to purchase health insurance (individual mandate) under the Affordable Care Act (ACA). The report, “Individual Mandate and Related Information Requirements under PPACA,” lays out the various exemptions granted from the individual mandate provisions under the law, as well as explains how enforcement of the mandate by the IRS will work once the mandate takes effect in 2014.
Continue Reading "CRS issues report on individual mandate under ACA" »
11th Circuit rules individual mandate unconstitutional
Posted by Mark Dorley on August 12, 2011
The U.S. Court of Appeals for the 11th Circuit has ruled that the individual requirement to purchase health insurance under the Affordable Care Act (ACA) is unconstitutional. The court found that the individual mandate exceeds Congress’ Commerce Clause powers because of the “the unprecedented nature of the individual mandate and the lack of any Supreme Court case addressing this issue.” Unlike the lower court, however, the 11th Circuit did not agree that invalidating the individual mandate meant that the entire ACA itself is invalid.
This case, which lists 26 states as plaintiffs, will almost certainly wind up in the Supreme Court because of the opposing ruling issued by another federal Appellate Court.
For more information on legal challenges to the ACA, click here.
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