Federal Appeals Court Upholds Individual Mandate Requirement
SOURCE: Medscape Medical News
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June 29, 2011 — A federal appeals court in Cincinnati, Ohio, today placed its constitutional stamp of approval on the linchpin of the embattled Affordable Care Act (ACA): the requirement that individuals either obtain health insurance coverage or pay a penalty.
Today’s decision is the first one on the federal appellate level regarding the healthcare reform law passed last year. So far, 2 federal district judges have declared the so-called individual mandate unconstitutional, saying that Congress has no right under the constitution’s commerce clause to regulate an individual’s economic “inactivity.” In contrast, 3 other federal district judges have agreed with the position of the Obama administration that uninsured “free riders” are indeed active participants in the healthcare marketplace, receiving free or subsidized services when needed, and driving up premiums and healthcare costs for others in the process.
The various district cases are now making their way through the federal appellate courts, with their final destination being the US Supreme Court. (more…)