blaue513
unread,Nov 15, 2011, 10:58:28 PM11/15/11You do not have permission to delete messages in this group
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Only three of the 12 appellate judges who have reviewed the law have
decided it is unconstitutional to require all Americans to have health
insurance. Not a single appeals court judge has said the entire law must
be tossed out, the position advocated by Florida and 25 other Republican
states leading the legal assault.
The Supreme Court is expected to announce as soon as Monday that it will
hear the Florida case, the largest and broadest challenge to the Patient
Protection and Affordable Care Act.
The string of appellate victories may not predict how the Supreme Court
will decide the case. But some legal observers believe the recent
decisions lay out a road map for preserving the law that may appeal even
to some of the Supreme Court's more conservative members.
"They show that smart, principled conservatives can decide this is
within the broad reach of Congress' power, even if they might think it
is bad policy," said Richard Garnett, a law professor at the University
of Notre Dame who was a clerk to former Chief Justice William H.
Rehnquist.
When the states and the National Federation of Independent Business
filed suit in March 2010, they questioned whether Congress, under the
guise of regulating commerce, could place an unprecedented requirement
on Americans to buy health insurance starting in 2014.
The so-called individual mandate was designed to spread risk more
broadly and control insurance premiums, enabling the federal government
to prohibit insurers from denying coverage to patients with preexisting
medical conditions, a key promise of the law. Without a mandate, some
Americans might avoid buying insurance until they got sick, dramatically
driving up premiums.
The insurance requirement became the focus of the litigation and
initially sparked a partisan split among trial judges. But more recent
rulings from appellate courts around the country have significantly
muddied the liberal-conservative divide.
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blaue513