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." 


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The National Health Law Program (NHeLP) created a health reform litigation website. To stay up-to-date on litigation visit the webpage. The site includes ballot initiatives & state legislation to block all or parts of PPACA, notable cases, & the disposition of cases filed.

NHeLP's health reform litigation page

The National Health Law Program updated the litigation schedule detailing the course of each state's lawsuit making its way through the legal system. The listing was updated on 7/30/2010
UPDATE: States move forward with health reform implementation while lawsuits make their way through the courts

The Healthcarewatch, one of The Hill's blogs, reports that "state governments are implementing the controversial healthcare law, even in places where elected officials are challenging its constitutionality. Across the country, state employees are working to define new rules that health insurance companies will have to follow. They’re also applying for a wide variety of federal grants offered under the law."

Click on the link for details


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)

KAISER HEALTH NEWS: Tough Questioning Likely In June 8 Health Law A...

Articles from The Hill and CQ Health Beat examine next step in litigation challenging PPACA


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.

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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:

  • Anti-Injunction Act: Is the lawsuit challenging the individual mandate barred by the Anti-Injunction Act? Our November 9th Litigation Update discusses a recent appellate court decision on this point.

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