26 states ask court to uphold Florida federal judge's decision to overturn health overhaul

The states filed a motion Wednesday with the 11th Circuit Court of Appeals in Atlanta. In the background, individual states continue action to block the law's implementation.

The Associated Press: States Ask US Court To Overturn Health Overhaul
More than two dozen states challenging the health care overhaul urged a U.S. appeals court on Wednesday to strike down the Obama administration's landmark law, arguing it far exceeds the federal government's powers. The motion, filed on behalf of 26 states, urges the 11th Circuit Court of Appeals in Atlanta to uphold a Florida federal judge's ruling that the overhaul's core requirement is unconstitutional (Bluestein, 5/5).

Atlanta Journal-Constitution: States Ask Court To Strike Down Health Care Law
The federal health care law should be struck down because it pushes the government's constitutional powers past the breaking point, Georgia and 25 other states told the U.S. appeals court in Atlanta Wednesday. By requiring people to obtain health insurance, the law "marks the first time in our nation's history that Congress has required individuals to enter into commerce as a condition of living in the United States," the states said in a court filing (Rankin, 5/4).

Bloomberg: Appeal To Revive Obama's Health Care Act Should Be Rejected, States Argue
Twenty-six states opposing President Barack Obama's health care reform act asked an appeals court to uphold a lower-court ruling striking down the law after a judge found its insurance-buying mandate is unconstitutional. The states, in a brief filed today with the U.S. Court of Appeals in Atlanta, oppose the Obama administration's request to overturn the Jan. 31 decision to invalidate the Patient Protection and Affordable Care Act (Harris, 5/4).

The Hill: Appeals Court Briefs Filed In Health Care Law Challenge
The plaintiffs in the 26-state challenge against the health care reform law filed their briefs in the 11th Circuit Court of Appeals on Wednesday. Florida, the lead plaintiff, argued that the law unconstitutionally infringes on individual freedoms, exceeds Congress's enumerated powers, and coerces the states in violation of the Tenth Amendment. The brief challenges both the law's individual mandate that everyone have health insurance and its vast expansion of Medicaid (Pecquet, 5/4).

Even as states press for court action, some jurisdictions are taking other steps to block implementation of the health law —

National Journal: More States Trying To Get Around Implementation Of Health Law
While the U.S. House works to defund the health care law, more states are attempting to avoid implementing it. … Challenges to or measures opposing the health care law are pending in more than 30 states, according to the National Conference of State Legislatures. Twenty-six states have signed on to the Florida lawsuit questioning the constitutionality of the law. About 12 states have introduced legislation to enter into interstate compacts as a way to circumvent it (Fung, 5/4).

The Associated Press/Boston Globe: NH House Votes To Send Health Care Funds Back
The New Hampshire House voted Wednesday to send back to the federal government any money the state receives to implement the federal health care reform law. Lawmakers also directed the attorney general to join states suing to block the federal law. Meanwhile, the Senate voted Wednesday to ask the state Supreme Court if lawmakers have the constitutional power to order the attorney general to join the states suing to block the Affordable Care Act (5/4).