The Obama Administration will appeal the decision by a federal judge in Virginia this week striking down the individual mandate in the healthcare reform law, according to a report by the Wall Street Journal.
Out of many lawsuits against the law still in play, this case was the first in which any part of the law was rejected, but in another pending case, a federal judge in Virginia is also expected to reject the mandate. Other federal judges have upheld the law but plaintiffs in those cases have filed to appeal.
The issue is expected to end up with the U.S. Supreme Court, where the swing voters may be Chief Justice John Roberts and Justice Anthony Kennedy, based on recent opinions.
The core issue has to do with the federal government's right to restrict activities under the Commerce Clause of the Constitution. The mandate does not kick in until 2014.
Read the Wall Street Journal report on healthcare reform.
Read more coverage on challenges of the individual mandate:
- Judge Issues First Rejection of Individual Mandate in Reform Law
- Supreme Court Refuses to Weigh in With Early Review of Reform Law
- Another Reform Law Challenge Struck Down
Out of many lawsuits against the law still in play, this case was the first in which any part of the law was rejected, but in another pending case, a federal judge in Virginia is also expected to reject the mandate. Other federal judges have upheld the law but plaintiffs in those cases have filed to appeal.
The issue is expected to end up with the U.S. Supreme Court, where the swing voters may be Chief Justice John Roberts and Justice Anthony Kennedy, based on recent opinions.
The core issue has to do with the federal government's right to restrict activities under the Commerce Clause of the Constitution. The mandate does not kick in until 2014.
Read the Wall Street Journal report on healthcare reform.
Read more coverage on challenges of the individual mandate:
- Judge Issues First Rejection of Individual Mandate in Reform Law
- Supreme Court Refuses to Weigh in With Early Review of Reform Law
- Another Reform Law Challenge Struck Down