Judges are exploring whether there is precedent in upholding law requiring purchases. |AP Photo
By JENNIFER HABERKORN | 6/8/11 4:09 PM EDT
ATLANTA — A federal appeals panel asked pointed questions Wednesday about how much of President Barack Obama’s health care law would have to be struck down if they ruled that its individual insurance mandate is unconstitutional.
But the three 11th Circuit Court of Appeals judges also were receptive to the government’s argument that the health care market is different from all others and needs that kind of regulation — giving the law’s supporters some hope that the appeals panel would side with them.
The judges’ questions were mixed enough to give encouragement to both sides in the oral arguments in the multistate lawsuit, the most significant of the legal challenges against Obama’s health care overhaul.
But supporters of the health law cringed as the judges spent a significant amount of time questioning both sides over how much of the law they would have to void if they struck down the most controversial provision at the center of the suit: the requirement to buy insurance. (more…)
Filed under: Health Care Law Implementation, In The Courts, Medicaid | Tagged: Barack Obama, Bill Clinton, Congress, Frank Hull, George H.W. Bush, individual mandate, Joel Dubina, National Federation of Independent Business, Neal Katyal, Pacific Justice Institute, Roger Vinson, Supreme Court, Thomas More Law Center, Walter Dellinger | Leave a Comment »