Healthcare Reform – 3; Opponents – 2

The score on legal challenges to the Affordable Care and Patient Protection Act is now 3 – 2 – with the Obama administration and healthcare reform in the lead. Nor surprisingly, the three judges who have voted to uphold the law are Democratic appointees, while those who struck down the law are Republican appointees.

The law survived a challenge in federal court in Washington, D.C., the third win in a series of lawsuits attempting to overturn the legislation. U.S. District Judge Gladys Kessler threw out a lawsuit brought in June by five individuals who claimed the requirement that people obtain minimum insurance coverage starting in 2014 is unconstitutional.  Judge Kessler said Congress was acting “within the bounds” of its constitutional Commerce Clause power when it imposed the insurance requirement.  “The individual decision to forgo health insurance, when considered in the aggregate, leads to substantially higher insurance premiums for those other individuals who do obtain coverage,” Kessler wrote.  “Thus, the aggregate effect on interstate commerce of the decisions of individuals to forgo insurance is very substantial.”

A right-wing group called the American Center for Law and Justice (ACLJ) is appealing Judge Kessler’s ruling.  The group maintains that it is unconstitutional for the law to require that each person purchase insurance; they perceive it as a move towards adopting socialized medicine.  According to the appeal, the group wants to spare Americans “all of the horrors you have heard coming out of Canada (and) Europe, where it is a bureaucrat who decides — not your doctor — what care you have.”  According to Edward White, an attorney with the ACLJ, “That does not mean that Congress cannot fix the healthcare problem we have in this country.  It’s just the way they’re going about it now by requiring people to act and buy a product and using its Commerce Clause power to an extent that is beyond what Congress has ever done in the 200 some odd years of this country.”

Judge Kessler could not disagree more strongly: “To put it less analytically, and less charitably, those who choose — and Plaintiffs have made such a deliberate choice — not to purchase health insurance will benefit greatly when they become ill, as they surely will, from the free healthcare which must be provided by emergency rooms and hospitals to the sick and dying who show up on their doorstep,” she said.  “In short, those who choose not to purchase health insurance will ultimately get a ‘free ride’ on the backs of those Americans who have made responsible choices to provide for the illness we all must face at some point in our lives.”

Nearly one year after President Obama signed the healthcare reform bill, more than half of the states have challenged the legislation in the courts. In comments filed in a Florida federal court, representatives of the 26 states that successfully challenged the healthcare reform law asked the judge to halt the healthcare law’s implementation, according to The Hill. The comments are a response to the Obama administration’s request that U.S. District Judge Roger Vinson explain his January 31 ruling that the healthcare reform law is unconstitutional.  Of five federal court rulings on the reform law so far, Judge Vinson’s is the only one that strikes down the entire law.

Additionally, Florida and Alaska have declared the reform law effectively dead unless an appellate court reverses the decision.  Court comments by the 26 states – which were backed by the National Federation of Independent Business — said the Obama administration should have requested a stay, pending appeal, rather than request a clarification.  “If the Government was not prepared to comply with the Court’s judgment, the proper and respectful course would have been to seek an immediate stay, not an untimely and unorthodox motion to clarify,” the plaintiffs wrote.

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