The Alliance for Health Reform has developed a toolkit to clarify the reasoning behind law suits filed by states challenging the constitutionality of the Patient Protection & Affordable Care Act.
"On what constitutional grounds do reform opponents challenge the new law? What are the chances that any of these lawsuits might succeed? The toolkit from the Alliance for Health Reform, written by the Alliance’s Kevin Arts, explains the background for these legal challenges and offers links to resources featuring arguments by reform opponents and proponents on the constitutionality of the new reform law." (Excerpt from Alliance webpage)
Click on the link for the toolkit documents.
Seton Hall University School of Law's Health Reform Web Log (10/19/10 )reports that two suits challenging PPACA are making their way to the U.S. Supreme Court. " In Florida, a judge held that, due to its unprecedented nature, it could violate the constitution and denied the motion to dismiss, which will allow the case to move forward based on its merits."
Click on the link to continue
STATUS OF LEGAL CHALLENGES TO HEALTH REFORM
From Kaiser Health News
All over the country, lawsuits challenging the Patient Protection and Affordable Care Act are working their way through the federal courts.
KHN is tracking the status of 25 cases, below, and will update those and other new cases on this page. (Last update: March 7, 2011)
UPDATE: LEGAL CHALLENGES TO HEALTH REFORM
Challenges to health reform are making their way to the Supreme Court (SCOTUS). I confess to having lost track (& perhaps interest) as various decisions were handed down. However, we at last have ignition, as they say, with SCOTUS agreeing to rule on several provisions of the Affordable Care Act. (ACA). So I will not take nearly a year and a half to post developments, I've signed-up to receive Faegre & Benson's health reform blog posts. Mercifully, the posts are written for those of us without JDs.
Below are two health reform legal challenge updates.
November 9 post by Paul Heiring
In a decision issued yesterday, yet another appellate court weighed in on the constitutionality of the individual mandate. Here are some highlights:
The case was Seven-Sky v. Holder, and it was a 2-1 decision of of the United States Court of Appeals for the District of Columbia Circuit.
The panel that decided the case was comprised of Judges Brett Kavanaugh (a G.W. Bush appointee), Harry T. Edwards (a Carter appointee), and Laurence H. Silberman (a Reagan appointee). That is two Republican appointees and one Democrat, so it is not a decision along appointing-party lines. These are well-respected judges.
November 17 post by Jessica Faith
As expected, the Supreme Court has agreed to rule on the constitutionality of key provisions of the Affordable Care Act. Oral arguments are expected to occur in March 2012, with a decision likely in June 2012. The Court will consider the following issues: