Health Care Act Wins a Battle on Its Way to the Supreme Court

Posted on Sep 8, 2011

Ken Mayer (CC-BY)

A mobile billboard in Arlington, Va., expresses an extreme lack of enthusiasm for the president’s health care agenda.

A three-judge panel of the 4th U.S. Circuit Court of Appeals in Virginia ruled in favor of the health care reform law Thursday, dismissing two suits. Virginia Attorney General Kenneth Cuccinelli protested, saying the court did not address “whether Congress has a power never before recognized in American history: the power to force one citizen to purchase a good or service from another citizen.”

Two of the three justices on the panel were appointed by President Obama. The other was appointed by President Clinton.

These are but two lawsuits of 30 (by AP’s count) filed against the health care reform bill, and Cuccinelli says he will appeal.

Without a doubt, Obamacare, as it’s known in some circles, is headed to the highest court in the land. Perhaps the Supremes will sing a different tune.  —PZS

AP via Google:

The Richmond-based appeals court is the third appellate court to rule in lawsuits challenging the health care reform law, which requires individuals to buy health insurance or pay a penalty. A federal appeals court in Cincinnati upheld the law, while an appeals court in Atlanta struck down the insurance mandate.

More than 30 lawsuits have been filed across the country.

The judges ruled 3-0 that Virginia Attorney General Kenneth Cuccinelli did not have legal standing to file his lawsuit. Cuccinelli had argued that the federal law conflicts with a state law that says no Virginian can be forced to buy insurance.

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