Home

26 States File Brief to Get Health Care Overhaul Struck Down
Download PDF

On Wednesday, May 4, 26 states filed a motion with the 11th Circuit Court of Appeals, which is located in Atlanta, in order to try and uphold US District Judge Roger Vinson’s ruling that the main requirement of Obama’s new health care overhaul is unconstitutional.

The states argue in the that if the law was allowed to continue, it would set a bad precedent that “would imperil individual liberty, render Congress’s other enumerated powers superfluous, and allow Congress to usurp the general police power reserved to the states.”

  
What
Where


Although three federal judges that are Democrats have upheld the new health care law, two Republican judges, including Vinson, have ruled against it.  The case will most likely end up at the US Supreme Court.

Vinson’s ruling was appealed by the US Justice Department about a month ago.  They argued that it was within Congress’ power to require health insurance for most Americans with tax penalties given if they did not buy it, since Congress has power in the regulation of interstate business.

If the new health care law is able to survive these back and forth court battles, people who aren’t covered by their own policy, an employer, or a government program will face fines from the IRS starting in 2014, which is when the health care program will be in place.

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!




 

Most Popular

Legal Career Resources

July 26, 2016 Making Partner Is No Party

Summary: Once an attorney makes partner, their job does not become a big party like some associates seem to think when starting out. Read 21 Reasons Why Being a Large Law Firm Partner Is More Difficult Than Being an Associate […]

read more

SEARCH IN ARCHIVE

To Top