Today has been an active day for legal challenges relating to the new health care statute. To start things off, the Sixth Circuit earlier this morning rejected the latest constitutional challenges to the so-called individual mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148. … Continue Reading
Tag Archives: ObamaCare
Video Interview: Discussing Recent Challenges to the Abortion and Contraception Mandate with LXBN TV
Posted in News and Analysis, Supreme CourtBelow is a link to my recent interview on LXBN TV with host Colin O’Keefe of LXBN where I discuss the legal challenges to the so-called abortion and contraception mandate under the Patient Protection and Affordable Care Act, Public Law 111-148. As I highlight during the interview, there currently are over 40 lawsuits making their way through… Continue Reading
U.S. Supreme Court Upholds Health Care Statute In Landmark Ruling, Rejecting Much of Sixth Circuit’s Constitutional Rationale
Posted in Supreme CourtIt seems that everyone is a constitutional scholar today following the U.S. Supreme Court’s decision earlier this morning upholding the constitutionality of the Patient Protection and Affordable Care Act, Public Law 111-148. See Opinion, National Federation of Independent Business v. Sebelius (Sup. Ct. Case No. 11-393) (PDF). The Court’s landmark ruling is notable not only… Continue Reading
Sixth Circuit Case May Shape Supreme Court’s Landmark Decision On The Constitutionality Of The Health Care Statute
Posted in Supreme CourtWe are closing in on the one-year anniversary of the Sixth Circuit’s June 29, 2011 decision rejecting a constitutional challenge to the mandate requiring individuals to purchase health insurance under the Patient Protection and Affordable Care Act, Public Law 111-148. The Sixth Circuit was the first Circuit Court in the country to rule on the… Continue Reading
Is It Time For Video Cameras At The Sixth Circuit?
Posted in News and AnalysisToday is the big day at the U.S. Supreme Court. The Justices will begin hearing over 6 hours of oral arguments over the next three days on the constitutionality of the Patient Protection and Affordable Care Act, Public Law 111-148, including the constitutionality of the mandate requiring individuals to purchase health insurance. We have been… Continue Reading
END-OF-YEAR COUNTDOWN: THE FIVE MOST IMPORTANT AREAS OF LAW ADDRESSED BY THE SIXTH CIRCUIT IN 2011
Posted in Recent CasesEnd-of-year countdowns are all the rage, and we thought it would be fitting to close out 2011 with a countdown for our loyal blog readers. Without further ado, I present to you the five most important areas of law addressed by the Sixth Circuit in 2011. No. 5 – More Rigorous Pleading Requirements In The… Continue Reading
BREAKING NEWS: U.S. Supreme Court Agrees To Hear Health Care Challenge From Eleventh Circuit
Posted in News and AnalysisAn hour ago, the U.S. Supreme Court granted certiorari in three separate cases on appeal from the Eleventh Circuit on the constitutionality of the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148. See November 14, 2011 Order List (PDF), Department of Health and Human Services,… Continue Reading
BREAKING NEWS: D.C. Circuit Follows Sixth Circuit In Upholding The Individual Mandate Under The Health Care Statute
Posted in News and AnalysisA few hours ago, the D.C. Circuit upheld the constitutionality of the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148. See Opinion, Seven-Sky, et al. v. Holder, et al., Case No. 11-5047 (D.C. Cir. Nov. 8, 2011) (PDF). In doing so, the D.C…. Continue Reading
Eighth Circuit Hears Oral Argument Yesterday On Challenge To The Health Care Statute; Plaintiffs’ Standing Is The Big Issue
Posted in News and AnalysisIf you have been following our blog for the last several months, you know that we’ve been covering all of the headline-making decisions in the legal challenges to the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148. The Eighth Circuit is poised to… Continue Reading
Sixth Circuit Appellate Blog Lands on International Radio and on LexBlog TV Yesterday to Discuss This Week’s Major Developments In The Challenges to the Health Care Statute
Posted in News and AnalysisIn my breaking news post the other day, I reported on how the government filed its cert petition asking the U.S. Supreme Court to reverse the Eleventh Circuit’s high profile ruling striking down the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148. Hours… Continue Reading
BREAKING NEWS: Three (Yes, Three) Cert Petitions Filed Today Seeking Review Of The Eleventh Circuit’s Decision Striking Down The Individual Mandate Under The New Health Care Statute
Posted in Supreme CourtYesterday we reported that the federal government decided not to seek en banc review of the Eleventh Circuit’s decision striking down the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148. Today, the battle has moved to the U.S. Supreme Court in full gear. … Continue Reading
Challenge to Health Care Statute May Be On Fast Track To Supreme Court
Posted in News and AnalysisThe challenge to the constitutionality of the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148, is making front page news today. That’s because the government has decided not to seek en banc review of the Eleventh Circuit’s decision striking down the individual mandate. … Continue Reading
Will D.C. Circuit Follow Sixth Circuit Approach To Standing In Latest Challenge to Health Care Statute?
Posted in News and AnalysisLast Friday, the D.C. Circuit heard oral arguments in yet another lawsuit challenging the constitutionality of the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148. See Seven-Sky v. Holder (D.C. Circuit, Case No. 11-5047). This is the fourth challenge to the individual mandate… Continue Reading
Another Federal Judge Strikes Down the Individual Mandate Under the New Health Care Statute
Posted in Recent CasesJudge Christopher C. Conner of the United States District Court for the Middle District of Pennsylvania ruled this week that the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148, is unconstitutional. See Opinion, Goudy-Bachman v. United States Department of Health and Human Services (M.D…. Continue Reading
Unlike 6th and 11th Circuits, 4th Circuit Denies Challenges to Health Care Statute on Standing Grounds (With An Interesting Twist)
Posted in Recent CasesThe Fourth Circuit Court of Appeals yesterday rejected two challenges to the constitutionality of the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148. Like the Third Circuit, and unlike the Sixth and Eleventh Circuits, the Fourth Circuit held that the challengers lacked standing. … Continue Reading
BREAKING NEWS: IN DIRECT CONFLICT WITH THE 6TH CIRCUIT, THE 11TH CIRCUIT RULES THAT THE INDIVIDUAL MANDATE UNDER THE HEALTH CARE STATUE IS UNCONSTITUTIONAL
Posted in News and AnalysisA divided Eleventh Circuit has just ruled that the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148, is unconstitutional. See Opinion, State of Florida, et al. v. United States Department of Health and Human Services, et al. (Eleventh Circuit, Case No. 11-11021). The Eleventh Circuit’s… Continue Reading
Unlike Sixth Circuit, Third Circuit Does Not Reach Merits of Challenge to Health Care Statute
Posted in News and Analysis, Recent CasesThe Third Circuit yesterday affirmed a New Jersey district court’s dismissal of a lawsuit brought by a group of New Jersey doctors challenging the constitutionality of the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148. See Opinion, New Jersey Physicians, Inc. et al…. Continue Reading
Final Showdown: Challenge to Health Care Statute in Sixth Circuit Lands at the U.S. Supreme Court
Posted in News and Analysis, Supreme CourtEarlier this week, Thomas More Law Center and several other plaintiffs filed their petition for writ of certiorari in the U.S. Supreme Court, asking the High Court to reverse the Sixth Circuit’s June 29, 2011 divided panel decision upholding the constitutionality of the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection… Continue Reading
SIXTH CIRCUIT’S JUNE 29 DECISION UPHOLDING THE HEALTH CARE STATUTE IS GENERATING MASSIVE COMMENTARY
Posted in En Banc Watch, News and AnalysisIn our BREAKING NEWS item on Wednesday, we were one of the first legal blogs to report on and analyze the Sixth Circuit’s high profile opinion in Thomas More Law Center, et al. v. Obama, et al. (Sixth Circuit, Case No. 10-2388), in which a divided panel upheld the constitutionality of the mandate requiring individuals to purchase… Continue Reading
BREAKING NEWS: SIXTH CIRCUIT UPHOLDS HEALTH CARE STATUTE, BECOMING THE FIRST APPELLATE COURT TO RULE ON THE CONSTITUTIONALITY OF THE INDIVIDUAL MANDATE
Posted in News and AnalysisIf you have been following my blog posts for the last half year, you know I have been predicting that the Sixth Circuit was poised to become the first appellate court in the country to rule on the constitutional challenge to the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection… Continue Reading
Sixth Circuit Appellate Blog Captures Attention in Russia
Posted in UncategorizedAs regular followers of our blog know, we have been closely following the case making its way through the Sixth Circuit involving a constitutional challenge to the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148. See Thomas More Law Center, et al. v…. Continue Reading
Just Like in the Sixth Circuit, the Government Faces Sharp Questions from the Eleventh Circuit on the Constitutionality of the Health Care Statute
Posted in News and Analysis, Recent CasesAs we previously reported and analyzed, Acting Solicitor General Neal Katyal was in Cincinnati, Ohio last week before the Sixth Circuit to argue the government’s position in the appeal involving a constitutional challenge to the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148. … Continue Reading
Highlights and Analysis of Yesterday’s Sixth Circuit Oral Argument on Obama’s Health Care Statute
Posted in News and AnalysisOutside on the downtown streets of Cincinnati yesterday, the city was alive with political and legal debates, including a spirited protest by members of the Cincinnati tea party. That’s because inside Cincinnati’s federal courthouse, in a standing room only courtroom, the Sixth Circuit heard oral argument in the high-profile appeal involving a constitutional challenge to the… Continue Reading
The Big Day is Here – Sixth Circuit to Hear Oral Argument Tomorrow On the Challenge to the Health Care Statute
Posted in News and AnalysisTomorrow is the big day in the Sixth Circuit. The Court will hear oral argument in the high-profile appeal involving a constitutional challenge to the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148. See Thomas More Law Center, et al. v. Obama, et… Continue Reading