U.S. files appeal seeking to overturn Vinson ruling

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The Obama administration filed its appellate brief to the 11th Circuit Friday, arguing that the appeals court should overturn the ruling of federal Judge Roger Vinson that found the individual mandate -- and therefore the entire health law -- unconstitutional.

Bloomberg: Congress Had Power To Enact Health-Care Law, Obama Adminstration Argues
A judge's ruling striking down health-care reform legislation requiring almost every American to obtain health insurance should be reversed, the Obama administration said in a court filing. The administration asked the U.S. Court of Appeals in Atlanta to reverse a Jan. 31 ruling by District Judge C. Roger Vinson in Pensacola, Florida, that the Patient Protection and Affordable Care Act's insurance mandate, set to take effect in 2014, exceeded Congress's power to regulate interstate commerce. Concluding the legislation couldn't function without that provision, he declared the entire law invalid. The U.S. responded in its appellate brief, filed April 1, that "the minimum coverage provision is a valid exercise of Congress's commerce power" (Harris and Jeffrey, 4/4).

Associated Press: Government Appeals Judge's Health Care Ruling
Florida and 25 other states filed the lawsuit that said Congress exceeded its authority by requiring all citizens to purchase health insurance or face tax penalties. U.S. District Judge Roger Vinson agreed in a Jan. 31 ruling that said Obama's entire health care overhaul is unconstitutional. It is considered the most sweeping ruling against the health care law. Some states, including Alaska, have cited the decision in refusing to cooperate with the health care law. But Vinson issued another ruling in March ordering states to continue implementing the law while the case makes its way through the courts. Either way, the broad challenge seems certain to be resolved only by the Supreme Court. Two other U.S. district judges have previously upheld the law, both Democratic appointees to the federal bench (4/3).


http://www.kaiserhealthnews.orgThis article was reprinted from kaiserhealthnews.org with permission from the Henry J. Kaiser Family Foundation. Kaiser Health News, an editorially independent news service, is a program of the Kaiser Family Foundation, a nonpartisan health care policy research organization unaffiliated with Kaiser Permanente.

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