Challenges to health reform face long campaign in many states

The Washington Post: Thirty-three states are trying to block the mandate on individual American citizens to purchase health insurance, "as a growing roster of mostly Republican officials have mounted legal and legislative challenges" to this requirement. "This Friday, seven more states will formally join a lawsuit originally filed by Florida and 12 other states in late March. The suit ... contends that Congress lacks the constitutional authority to mandate an individual's participation in an insurance plan, and that it has infringed on states' rights by requiring them to extend coverage to more low-income residents without fully funding the additional cost." Many constitutional experts say the lawsuit will likely fail, but challengers hope this is just the first of several challenges from state governments on the law.

In the meantime, some foresee arguments on the challenge to be heard starting as soon as September. "Virginia, which has filed a separate lawsuit, may get a decision even sooner." Virginia is one of only two states to pass a law prohibiting the "individual mandate" even before Congress passed the overhaul. Idaho is the other (Aizenman, 5/12).


Kaiser Health NewsThis article was reprinted from khn.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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