An appeals court on Wednesday agreed to expedite consideration of challenges in Virginia to the new landmark healthcare bill's requirement that Americans buy insurance coverage, setting arguments for May.
U.S. District Judge Henry Hudson last month backed the argument by Virginia's attorney general that Congress exceeded its authority by requiring Americans to start buying health insurance in 2014 or face a fine, a key provision strongly backed by President Barack Obama.
Both sides appealed to the U.S. Court of Appeals for the Fourth Circuit, based in Richmond, and requested that the case be expedited. The court set oral arguments to be held between May 10-13.
Obama administration officials have vigorously defended the individual coverage mandate as passing constitutional muster. A multi-state lawsuit against the insurance mandate is also pending in Florida and a ruling is expected soon. (nN20115665)
Virginia's lawyers have argued that the federal government could not regulate someone for not buying a good or service under the U.S. Constitution's Commerce Clause and could not penalize them for failing to buy health insurance.
The state's Attorney General Ken Cuccinelli appealed as well, arguing that the judge should have thrown out the entire law. He is also considering whether to bypass the Fourth Circuit court and go straight to the U.S. Supreme Court.
The appeals court also agreed to hear during the same period in May another appeal involving the healthcare law.
A different federal judge in Virginia in November ruled the individual mandate and a requirement some employers buy coverage for employees was legal under the Commerce Clause in a lawsuit filed by Liberty University, a college founded by the conservative evangelical leader Jerry Falwell.
Thursday, January 27, 2011
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Thursday, January 27, 2011
Appeals court to expedite Virginia healthcare challenges
An appeals court on Wednesday agreed to expedite consideration of challenges in Virginia to the new landmark healthcare bill's requirement that Americans buy insurance coverage, setting arguments for May.
U.S. District Judge Henry Hudson last month backed the argument by Virginia's attorney general that Congress exceeded its authority by requiring Americans to start buying health insurance in 2014 or face a fine, a key provision strongly backed by President Barack Obama.
Both sides appealed to the U.S. Court of Appeals for the Fourth Circuit, based in Richmond, and requested that the case be expedited. The court set oral arguments to be held between May 10-13.
Obama administration officials have vigorously defended the individual coverage mandate as passing constitutional muster. A multi-state lawsuit against the insurance mandate is also pending in Florida and a ruling is expected soon. (nN20115665)
Virginia's lawyers have argued that the federal government could not regulate someone for not buying a good or service under the U.S. Constitution's Commerce Clause and could not penalize them for failing to buy health insurance.
The state's Attorney General Ken Cuccinelli appealed as well, arguing that the judge should have thrown out the entire law. He is also considering whether to bypass the Fourth Circuit court and go straight to the U.S. Supreme Court.
The appeals court also agreed to hear during the same period in May another appeal involving the healthcare law.
A different federal judge in Virginia in November ruled the individual mandate and a requirement some employers buy coverage for employees was legal under the Commerce Clause in a lawsuit filed by Liberty University, a college founded by the conservative evangelical leader Jerry Falwell.
U.S. District Judge Henry Hudson last month backed the argument by Virginia's attorney general that Congress exceeded its authority by requiring Americans to start buying health insurance in 2014 or face a fine, a key provision strongly backed by President Barack Obama.
Both sides appealed to the U.S. Court of Appeals for the Fourth Circuit, based in Richmond, and requested that the case be expedited. The court set oral arguments to be held between May 10-13.
Obama administration officials have vigorously defended the individual coverage mandate as passing constitutional muster. A multi-state lawsuit against the insurance mandate is also pending in Florida and a ruling is expected soon. (nN20115665)
Virginia's lawyers have argued that the federal government could not regulate someone for not buying a good or service under the U.S. Constitution's Commerce Clause and could not penalize them for failing to buy health insurance.
The state's Attorney General Ken Cuccinelli appealed as well, arguing that the judge should have thrown out the entire law. He is also considering whether to bypass the Fourth Circuit court and go straight to the U.S. Supreme Court.
The appeals court also agreed to hear during the same period in May another appeal involving the healthcare law.
A different federal judge in Virginia in November ruled the individual mandate and a requirement some employers buy coverage for employees was legal under the Commerce Clause in a lawsuit filed by Liberty University, a college founded by the conservative evangelical leader Jerry Falwell.
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