4th Circuit appeals court dismisses Virginia, Liberty University challenges to health law

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The Virginia case, brought by state Attorney General Ken Cuccinelli, was considered one of the highest profile health law challenges to the health law. In its opinion, issued today, the court ruled that the state does not have standing to challenge the law's individual mandate because it lacks "a personal stake." The appellate court also concluded that Liberty University's challenge should be dismissed.

The Hill: "A federal appeals court today dismissed one of the highest-profile challenges to President Obama's healthcare reform law. The 4th Circuit Court of Appeals said Virginia Attorney General Ken Cuccinelli does not have a legal right to sue over the law's requirement that most people buy insurance. The court vacated a lower court's ruling in the case and instructed the lower court to dismiss the suit" (Baker, 9/8).

Politico: "Delivering a two-pronged win to the Obama administration, the 4th Circuit Court of Appeals said Virginia has no right to challenge the law's requirement that nearly all Americans buy insurance. The court also said effectively that Liberty University couldn't challenge the law before the mandate goes into effect.
The legal victories might not provide the administration with much political ammunition against the law's critics, though, since the rulings didn't focus on the merits of the law" (Haberkorn, 9/8).

Reuters: "The 4th U.S. Circuit Court of Appeals overturned a ruling by a lower court judge that the federal government could not compel people to buy health insurance, known as the individual mandate. Virginia had contended that this provision conflicted with a state statute, giving it standing to challenge the federal law. But the 4th Circuit disagreed, and directed the lower court to dismiss the case because it lacked jurisdiction" (Stempel, 9/8).

USA Today: "The 4th U.S. Circuit Court of Appeals, based in Richmond, is the second appeals court to rule in the administration's favor on the landmark 2009 law, though a third one has ruled against its key provision: The insurance purchase requirement known as the individual mandate" (Jackson, 9/8).

National Journal: "A federal appeals court in Cincinnati upheld the law's insurance mandate in June. The cases are widely expected to go to the Supreme Court" (Fox, 9/8). 

Kaiser Health News has an updated scoreboard tracking all of the health law court challenges. You also can read the court's opinions regarding both the commonwealth of Virginia's challenge and Liberty University's challenges to the health law.  


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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