Judicial, Legislative Battles Heat Up Over PPACA
As repeated pleas for bi-partisan cooperation reverberate in Congress following the Tucson, Arizona shooting earlier this month, Democrats and Republicans continue to battle over the fate of the Patient Protection and Affordable Care Act (PPACA).
This week several Democratic leaders, including Senate Majority Leader Harry Reid and House Democratic Leader Nancy Pelosi, filed an amicus brief in a pending Sixth Circuit Court of Appeals case which questions the constitutionality of PPACA. The case, Thomas More Law Center v. Obama, et al. (Court of Appeals Docket #: 10-2388), is on appeal from the Eastern District of Michigan, where Judge George C. Steeh ruled last October that Congress had the power under the Commerce Clause to implement PPACA’s mandatory coverage provision.
Although dozens of lawsuits have been filed challenging PPACA constitutionality, the More case is the first to reach the appellate court level. So far two other district court judges have upheld the law, and another has declared the individual mandate unconstitutional. Many other cases have been tossed out of court on procedural grounds.
The amicus brief filed by Democratic leaders alleges that PPACA is a valid exercise of Congress’ power to regulate commerce, and that Congress also has power under the Constitution’s “Necessary and Proper Clause” to adopt the individual mandate. Dozens of other amicus briefs have been filed in the case for both pro and anti-PPACA groups; a few participants to date include the American Cancer Society, American Hospital Association, March of Dimes, and countless other professional and medical specialty organizations.
Several Democratic Attorney Generals said last week that they have formed a coalition to defend the constitutionality of the law in the More case, and in other cases. They include Oregon, Iowa, California, New York, Vermont, Connecticut, Hawaii, Maryland, and Delaware. Conversely, twenty-six other states (most represented by the state Attorney General) have filed a separate lawsuit in Florida challenging the health reform law.
While last week the House of Representatives passed H.R. 2, the two-page bill which repeals PPACA, the fate of PPACA is likely to be resolved in the Supreme Court and, depending on how quickly an opinion is rendered, More will likely be the first case to present the issue before the nine justices. It is almost certain that regardless of whether the Sixth Circuit affirms, reverses, or remands the case, any holding will be appealed by either the More Law Center or the federal government to the Supreme Court.
Oral argument has not yet been scheduled in the More case. The Health Care Lawyer Blog will continue to follow More and other cases regarding PPACA.
