A three-judge panel for the 11th Circuit Court of Appeals in Atlanta has "sharply" questioned the constitutionality of the Patient Protection and Affordable Care Act, focusing particularly on whether allowing the law would create a precedent that could lead to the government mandating other types of purchases and activities, according to a Los Angeles Times report.
The appeal is the third to hit the Circuit Courts but has been drawing a great deal of attention in part because of the plaintiffs in the case — 26 Republican governors and state attorneys general. Additionally, in the other Circuit Court appeals, the three-judge panels were made up of judges all appointed by Democratic presidents. In this case, one judge was appointed to the Circuit Court by a Republican president, according to a New York Times report.
The ruling being appealed in Atlanta is that of Federal District Court Judge Roger Vinson, who ruled in January to repeal the law because, while the Commerce Clause allowed the government to mandate commerce, it did not give the power to penalize "inactivity" — i.e., not buying health insurance, according to the New York Times report.
Yet another appeal will move to the Circuit Court in September. If any of the Circuit Court panels repeal the law, the issue would move to the Supreme Court, most likely later this year, according to the LA Times report.
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The appeal is the third to hit the Circuit Courts but has been drawing a great deal of attention in part because of the plaintiffs in the case — 26 Republican governors and state attorneys general. Additionally, in the other Circuit Court appeals, the three-judge panels were made up of judges all appointed by Democratic presidents. In this case, one judge was appointed to the Circuit Court by a Republican president, according to a New York Times report.
The ruling being appealed in Atlanta is that of Federal District Court Judge Roger Vinson, who ruled in January to repeal the law because, while the Commerce Clause allowed the government to mandate commerce, it did not give the power to penalize "inactivity" — i.e., not buying health insurance, according to the New York Times report.
Yet another appeal will move to the Circuit Court in September. If any of the Circuit Court panels repeal the law, the issue would move to the Supreme Court, most likely later this year, according to the LA Times report.
Related Articles on Healthcare Reform Cases:
Cincinnati Appeals Court Hears Second Challenge to Reform Law
Bill Clinton Thinks Supreme Court Might Nix Coverage Mandate
Supreme Court Has Not Expedited Virginia Lawsuit Against Healthcare Reform