Law Firm News
Today's Date: Bookmark This Website
Validity of Obama health care law at issue in appeal hearing
Court Watch | 2019/07/07 01:41
An appeals court will hear arguments Tuesday on whether Congress effectively invalidated former President Barack Obama’s entire signature health care law when it zeroed out the tax imposed on those who chose not to buy insurance.

It’s unclear when the three-judge panel of the 5th U.S. Circuit Court of Appeals panel will rule in a case that appears destined for the Supreme Court, which has reviewed the law, and its coverage and insurance protections for millions of Americans, before. The ultimate outcome will affect protections for people with pre-existing conditions, Medicaid expansions covering roughly 12 million people, and subsidies that help about 10 million others afford health insurance.

Tuesday’s arguments are the latest in a lawsuit filed by Republican officials in 18 states, led by the Texas Attorney General’s Office. It was filed after Congress ? which didn’t repeal the law, despite pressure from President Donald Trump ? reduced to zero the unpopular tax imposed on those without insurance.

In challenging the law anew, “Obamacare” opponents noted the 2012 ruling of a divided Supreme Court that upheld the law. Conservative justices had rejected the argument that Congress could require everyone to buy insurance under the Constitution’s interstate commerce clause. But Chief Justice John Roberts, joining four liberal justices, said Congress did have the power to impose a tax on those without insurance.

With no tax penalty now in effect, the Texas lawsuit argues, the individual mandate is unconstitutional and the entire law must fall without it. Texas-based U.S. District Judge Reed O’Connor agreed in a December ruling. The law’s supporters appealed.

In addition to the 18 states, two individual taxpayers are part of the lawsuit. The Trump administration is not defending the law and has filed arguments in favor of O’Connor’s ruling.

California’s attorney general represents a coalition of mostly Democratic-led states and the District of Columbia seeking to overturn O’Connor’s ruling and uphold the law. The House of Representatives has joined them. Among the arguments by the law’s supporters: Those who filed suit have no case because they aren’t harmed by a penalty that doesn’t exist; the reduction of the tax penalty to zero could be read as a suspension of the tax, but the tax’s legal structure still exists; and that, even if the individual mandate is now unconstitutional, that does not affect the rest of the law known as the Affordable Care Act.


[PREV] [1] ..[19][20][21][22][23][24][25][26][27].. [2010] [NEXT]
All
Legal Network
Law Firm News
Court Issues
Court Watch
Legal Interview
Topics
Blog News
Press Release
Legal Opinions
New justice formally joins V..
New Orleans judges seek revi..
Attorneys: Court seat puts M..
Cock-a-doodle-doo! French ro..
‘The Supreme Court Is Not W..
Brazil court overrules Rio m..
Activist loses UK court case..
Louisiana high court rejects..
Appeal in John Steinbeck law..
Puerto Ricans get their 3rd ..
Puerto Ricans await court de..
Gunmaker asks US Supreme Cou..
Democratic governor getting ..
Cyprus police frees 5 Israel..
Supreme Court: Trump can use..


   Lawyer & Law Firm Websites
Chicago Business Law Attorney
Corporate Litigation Attorneys
www.rothlawgroup.com
Canton Criminal Lawyer
Canton DUI lawyer
www.cantoncriminalattorney.com
DUI Lawyer Website Design Templates
DUI Law Website Development
www.webpromo.com
Surry County Criminal Defense Lawyers
Yadkin County Family Law Attorneys
www.dirussolaw.com
Oregon DUI Law Attorney
Eugene DUI Lawyer. Criminal Defense Law
www.mjmlawoffice.com
St. Louis Missouri Criminal Defense Lawyer
St. Charles DUI Attorney
www.lynchlawonline.com
San Francisco Trademark Lawyer
San Francisco Copyright Lawyer
www.onulawfirm.com
Chicago Work Accident Lawyer
Chicago Workplace Injury Attorneys
www.krol-law.com
Santa Ana Workers' Compensation Lawyers
www.davidgentrylaw.com
Houston Car Accident Attorneys
Wrongful Death Attorneys Houston
Houston Wrongful Death
New York Adoption Lawyers
New York Foster Care Lawyers
Adoption Pre-Certification
www.lawrsm.com
   Legal Resource Links
  U.S. Legal News
 
 
© Law Firm News Network. All rights reserved.

The content contained on the web site has been prepared by Law Firm News Network as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. Legal Blog postings and hosted comments are available for general educational purposes only and should not be used to assess a specific legal situation. Law Firm Web Design by Law Promo