Legal

U.S. Supreme Court Gets Ready to Review Legality of PPACA as Qualifications of Two Justices Questioned: Full Court Likely to Hear Case

Earlier this month, the Supreme Court denied a motion by Freedom Watch arguing that Justice Elena Kagan should recuse herself from hearing the upcoming challenge to the Patient Protection and Affordable Care Act (PPACA). The law, often referred to as the “Affordable Care Act,” will be reviewed by the U.S. Supreme Court later this year. 

U.S. Supreme Court Agrees to Review Legality of PPACA

On Monday, the U.S. Supreme Court announced it will hear oral arguments on the constitutionality of the Patient Protection and Affordable Care Act (PPACA). In a decision expected by most legal experts, the Supreme Court Justices agreed to hear the case that has grabbed headlines for over a year. 

U.S. Supreme Court Likely to Review Legality of PPACA

Sometime next year, it is highly probable the U.S. Supreme Court will decide whether the federal government can force people to buy health insurance or pay a fine.

In addition to the landmark impact this ruling will have on the health care industry specifically, it also could sway the outcome of the 2012 elections -- from the Oval Office to other key legislative positions around the country. No matter what, the stakes are high. Even if the issue escapes scrutiny by the Supreme Court in 2012, it’s possible that when the Justices do address the merits of the case that a Republican administration will be in the White House – along with a Justice Department that no longer will defend the Patient Protection and Affordable Care Act (PPACA).

Fourth Circuit Appellate Court Dismisses Two Lower Court Cases Challenging PPACA’s Constitutionality: But Rulings Do Not Address the Merits of the Legal Challenges Including the Individual Mandate

On September 8th, a three-judge panel of the 4th Circuit Court of Appeals dismissed two lower court cases challenging the new federal health care reform law. 

In the matter of The State of Virginia v Kathleen Sebelius, the three judge panel unanimously dismissed the challenge on the part of the State of Virginia which sought to have the provision in the Patient Protection and Affordable Care Act (PPACA) mandating the purchase of health insurance declared unconstitutional, and as PPACA lacks a severability clause, to have the entire federal law struck down.