An appeals court has ruled that what has been called the “Individual Mandate” is unconstitutional. In other words, the court has decided that the requirement that all Americans must purchase health insurance in 2014 should not be made into law. The court did not strike down the rest of the health reform laws, however.
This is one of two major court cases that has something to do with the Affordable Care Act and health reform. In July, the Thomas More Law Center officially asked the Supreme Court to review the decision made by the Sixth Circuit Court of Appeals, (which is based in Cincinnati). This court ruled that the requirement that everyone must purchase health insurance, (or pay a penalty for not doing so), was constitutional.
The Thomas More Law Center is a group that is based in Michigan. According to their website, they are a “not-for-profit public interest law firm dedicated to the defense and promotion of the religious freedom of Christians, time-honored family values, and the sanctity of human life”. On the other side of the courtroom, is the federal government, who is, of course, in favor of having the individual mandate become law.
Since the Thomas More Law Center did not win in the case that was heard by the Sixth Circuit Court of Appeals, they decided to ask the Supreme Court to review the case. Obviously, this group is hoping that the Supreme Court will overturn the decision made by the Sixth Circuit Court.
Today, the Eleventh Circuit Court of Appeals ruled on a separate case that also questions the constitutionality of the Individual Insurance Mandate. This appeal was filed in May of 2011, and the court has made its decision today.
In regards to this particular court case, an appeal was filed by a group of twenty-six states. This group wants the appeals court to uphold the ruling that was made in a lower court by Judge Roger Vinson. Basically, the group of states wants to have the appeals court negate the decisions made in lower courts by Judge George Steeh and Judge Norman Moon.
Those two judges each ruled that the individual mandate was constitutional. Judge Roger Vinson, on the other hand, not only ruled that the individual mandate was unconstitutional, but he also voided the entire health care package.
The Eleventh Circuit Court of Appeals has a three judge panel. Each judge can cast one vote based on how they feel the outcome of a court case should be. Today, the panel voted two-to-one that the individual mandate was unconstitutional. Unlike Judge Roger Vinson, though, this panel of judges did not vote to void the entire Affordable Care Act. They left that intact.
Judge Joel Dubina (who was appointed by President George W. Bush), and Judge Frank Hull, (who was appointed by President Bill Clinton), each voted that the individual mandate was unconstitutional. The dissenting vote was cast by Judge Stanley Marcus, (who was appointed by President Bill Clinton).
Image by Vectorportal on Flickr