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26 States File Motion Challenging Health Reform Law

05/05/11

  03:55:39 pm, by MedBen5   , 200 words,  
Categories: News, Health Plan Management

26 States File Motion Challenging Health Reform Law

Plantiffs representing 26 states have filed a motion asking the 11th Circuit Court of Appeals in Atlanta to uphold a federal judge’s ruling that the Affordable Care Act exceeds the federal government’s powers, the Associated Press reports.

In January, Florida Judge Roger Vinson ruled that the reform law provision requiring U.S. citizens to purchase insurance is unconstitutional, as it goes beyond the boundaries of the Commerce Clause. Further, as the ACA doesn’t include a severability clause that would keep it intact if the individual mandate was removed, the entire law should be struck down.

Using Vinson’s ruling as the basis of its filing to the appeals court, the states argued that allowing the law to go forward would set a dangerous precedent that “would imperil individual liberty, render Congress’s other enumerated powers superfluous, and allow Congress to usurp the general police power reserved to the states.” The federal government countered that the individual mandate is a “quintessential exercise” of the legislative branch’s powers.

The National Federation of Independent Business also filed a separate motion yesterday, claiming that the ACA imposes “an extraordinary duty on Americans to enter into costly and unwanted health-insurance contracts” without any constitutional authority to do so.

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