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26 States File Brief to Get Health Care Overhaul Struck Down

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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.”

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.

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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.

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Andrew Ostler Posted by on May 5, 2011. Filed under Home,Legal News. You can follow any responses to this entry through the RSS 2.0. You can leave a response or trackback to this entry

 

 

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