Virginia Appeals Court Upholds Health Care Law
The Fourth Circuit Court of Appeals in Richmond, Virginia, overturned a lower court ruling that found unconstitutional the “individual mandate” portion of the Patient Protection and Affordable Care Act, and has thrown out two cases. They ruled the State of Virginia does not have standing to sue; and that Liberty University must wait until the law actually goes into effect, in order to have evidence of proven harm.
This is the second appeals court to rule in favor of the Administration on this issue. The Eleventh Circuit Court of Appeals, in Atlanta, last month held the “individual mandate” to be beyond the Constitutional authority of Congress.
As reported in Politico:
The court said Virginia had no right to bring its lawsuit because “the sole provision challenged here — the individual mandate — imposes no obligations” on the state itself.
In the case of Liberty University, the court said the legal challenge had come too soon: “Because this suit constitutes a pre-enforcement action seeking to restrain the assessment of a tax, the Anti-Injunction Act strips us of jurisdiction. Accordingly, we must vacate the judgment of the district court and remand the case with instructions to dismiss for lack of jurisdiction.”
What do you think the ruling? Does this help the case in support of PPACA? Will it affect the (almost certain) appeal to the Supreme Court? Or does the procedural aspect of the ruling, rather than ruling on merits, make this decision essentially unimportant? Will it have an effect on next year’s elections?
- Fourth Circuit Court of Appeals vacates Hudson ruling against Affordable Care Act (dailykos.com)
- Washington High Court Rules For AG On Health Care Challenge (businesslawdaily.net)
- Court rules individual healthcare mandate is unconstitutional (thehill.com)
About dcpetterson (195 posts)
D. C. Petterson is a novelist and a software consultant in Minnesota who has been writing science fiction since the age of six. He is the author of A Melancholy Humour, Rune Song and Still Life. He lives with his wife, two dogs, two cats, and a lizard, and insists that grandchildren are the reward for having survived teenagers. When not writing stories or software, he plays guitar and piano, engages in political debate, and reads a lot of history and physics texts—for fun. Follow on Twitter @dcpetterson