We’ve previously discussed the procedural arguments for and against taking the case en banc that Judge Moore and Chief Judge Sutton (briefly) debated in their respective concurrence and dissent. As we noted in our earlier post, the Court split evenly on the en-banc issue, keeping these cases with the current three-judge panel. This post reviews … Continue Reading
The Sixth Circuit issued an opinion yesterday in American Express Travel Related Services Co., Inc. v. Kentucky, Case No. 12-6249, upholding a Kentucky statute which imposes a shorter abandonment period on traveler’s checks. American Express, as the world’s largest issuer of traveler’s checks, sued the Kentucky Treasurer, arguing that this statutory amendment violated the Due Process … Continue Reading
Judge 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
The Sixth Circuit has accepted an interlocutory appeal in American Beverage Assoc. v. Snyder, Case No. 11-2097, from a Michigan decision (pdf) holding that state-specific marking requirements for bottles and cans subject to deposit refunds does not per se violate the Commerce Clause. As reported by John Agar of the Grand Rapids Press the trial court concluded there was not … Continue Reading
The 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
A 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
The 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
We are continuing to follow 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. Obama, et al. (Sixth Circuit, Case No. … Continue Reading
For the last two months, we have been 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. Obama, et al. … Continue Reading
