Pa. Federal Judge Latest To Rule Against Obamacare Mandates

Discussion in 'Politics' started by JamesL, Sep 13, 2011.

  1. JamesL


    Pa. federal judge rules against insurance mandate

    The Associated Press

    HARRISBURG, Pa. - The requirement in the national health-care overhaul law that individuals buy health insurance is unconstitutional, a federal judge in Pennsylvania ruled Tuesday in a question that the U.S. Supreme Court is expected to settle.

    The suit decided by Judge Christopher C. Conner in Harrisburg is one of more than 30 lawsuits nationwide that have been filed over the 2010 law that is President Barack Obama's signature initiative.

    Conner, who was appointed to the federal bench in 2002 by President George W. Bush, said the individual mandate is an unconstitutional extension of authority granted to the federal government under the Constitution's commerce clause.

    "The nation undoubtably faces a health care crisis," Conner said. "Scores of individuals are uninsured and the costs to all citizens are measurable and significant. The federal government, however, is one of limited enumerated powers, and Congress's efforts to remedy the ailing health care and health insurance markets must fit squarely within the boundaries of those powers."

    But Conner rejected an argument by the plaintiffs , a York County couple, Barbara Goudy-Bachman and Gregory Bachman , that the mandate is "disastrous to this nation's future, such as the Bachmans' prediction of America evolving into a socialist state. These suggestions of cataclysmic results ... are both unproductive and unpersuasive."

    While most of the massive law can remain intact, Conner said, certain provisions are linked to the health insurance requirement and must also be struck down. Those provisions are designed to guarantee that insurance companies cannot discriminate against or deny coverage to the sick or people with pre-existing conditions.

    Separate lawsuits have already reached appeals courts in Richmond, Va., Atlanta and Cincinnati, with one of those courts ruling against the mandate.
  2. "Court Of Appeals Shoots Down Virginia, Liberty University Healthcare Argument

    September 12, 2011 by Sam Rolley

    The court ruling in the case of Virginia absolved the Federal government of any wrongdoing in its push to require individual mandates for health insurance.
    The 4th U.S. Circuit Court of Appeals ruled on Thursday in favor of President Barack Obama’s healthcare overhaul, saying that Virginia has no right to challenge the law’s mandate that requires most Americans to purchase health insurance. The court also shot down Liberty University’s preemptive argument against having to make additional payments for not complying with the healthcare law, according to POLITICO."

    We all have to wait till the Supremes take it up.