Health Care Law To Continue To Federal Appeals Court
In a move by Virginia Attorney General Ken Cuccinelli to bring President Obama’s health care legislation before the Supreme Court for review of the law’s constitutionality, justices denied the request.
All justices, including Elena Kagan who was the solicitor general at the time the law was passed, are reported to have participated in the vote on April 25 and to date five federal judges have ruled on the law. Of the five, Virginia and Florida judges – Republicans – have ruled it unconstitutional while judges from Virginia, Washington, D.C. and Michigan, all Democrats, upheld the law.
Along with Cuccinelli’s suit representing the people of Virginia, 26 additional states have teamed up in a Florida lawsuit stating that Congress is overstepping the authority granted to it in forcing citizens to purchase insurance or face penalties, in the form of fines, beginning in 2014.
In Richmond, the legislation was declared unconstitutional by U.S. District Judge Henry E. Hudson last December and in January, the law was completely struck down by Florida U.S. District Judge Roger Vinson but the rulings by both judges are awaiting appeal and on hold for now but may be heard by the high court with a decision reached by the first half of 2012.
Moving ahead, both state and federal agencies have begun establishing the framework of the Obama Healthcare legislation, enacting new rules for Medicare payment rates for some Americans and changes to insurance that will allow parents to keep their children on health insurance plans until they are 26 years old.