Current legal challenges facing healthcare


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Current legal challenges facing healthcare

  1. 1. Current Legal Challenges Facing Healthcare. <ul><ul><li>Thomas More Law Center v. President of the United States </li></ul></ul><ul><ul><ul><li>This Complaint was filed the same day the Patient Protection and Affordable Care Act (PPACA) was passed. </li></ul></ul></ul><ul><ul><ul><li>The case argues that Congress lacks authority to mandate health insurance under the Commerce Clause. Furthermore, this case argues that the health care reform act violates the First Amendment right to free exercise of religion. </li></ul></ul></ul><ul><ul><li>Liberty University, Inc. et al v. Geithner et al </li></ul></ul><ul><ul><ul><li>The Plaintiffs object to the use of public funds for abortions, and also raise objections on First Amendment grounds, including an assertion that PPACA expresses a preference for one religion over others. Finally, the Complaint claims that PPACA violates the guarantee of a Republican form of government. </li></ul></ul></ul><ul><ul><li>The two cases we will take a closer look at: </li></ul></ul><ul><ul><ul><li>Commonwealth of Virginia v. Sebelius </li></ul></ul></ul><ul><ul><ul><li>State of Florida v. U.S. Department of Health and Human Services </li></ul></ul></ul>
  2. 2. Commonwealth of Virginia v. Sebelius <ul><li>Plaintiffs: Attorney General Ken Cuccinelli representing the Commonwealth of Virginia </li></ul><ul><li>Defendants: Kathleen Sebelius, Secretary of the U.S. Department of Health and Human Services </li></ul><ul><li>Virginia sued to have the individual mandate declared unconstitutional on three grounds </li></ul><ul><ul><li>1) that it overstepped Congressional authority under the Commerce Clause of the Constitution </li></ul></ul><ul><ul><li>2) that it exceeds Congressional authority to regulate the general welfare </li></ul></ul><ul><ul><li>3) that it conflicts with the state's &quot;Virginia Health Care Freedom Act&quot; – a law adopted to prevent application within Virginia of PPACA's individual mandate to purchase health insurance. </li></ul></ul>
  3. 3. Commonwealth of Virginia v. Sebelius <ul><li>Judge Hudson primarily addressed the first two issues, finding it unnecessary to reach the question of state authority to outlaw PPACA's mandate. </li></ul><ul><li>Judge Hudson noted no prior precedent &quot;has extended Commerce Clause powers to compel an individual to involuntarily enter the stream of commerce by purchasing a commodity in the private market.&quot; </li></ul>
  4. 4. The Ruling <ul><li>Judge Hudson severed the individual mandate and declared just that portion of the bill unconstitutional. </li></ul>
  5. 5. State of Florida v. U.S. Department of Health and Human Services <ul><li>There are 26 states named as plaintiffs in this case including Arizona. </li></ul><ul><li>The Plaintiffs argue that the PPACA violates the Tenth Amendment. </li></ul><ul><li>The states also claim that many of the mandates will force them to assume exorbitant costs. </li></ul><ul><li>They also argue the individual mandate that forces individuals to either have health insurance coverage or pay a penalty is unconstitutional. </li></ul>
  6. 6. What are the key questions in this case? <ul><li>Is the individual mandate a tax or a penalty? </li></ul><ul><ul><li>The defense argued it to be a tax that the do have the constitutional power to levy. </li></ul></ul><ul><ul><li>The Plaintiffs say it is a penalty that is unconstitutional. </li></ul></ul><ul><li>Is the Congress exceeding its authority over the states? </li></ul><ul><ul><li>The Plaintiffs argue that the bill has unfunded mandates that impose increased conditions on states participating in federal programs from which withdrawal is not practical. </li></ul></ul>
  7. 7. The Ruling <ul><li>Vinson ruled that the individual mandate is unconstitutional and not severable from the rest of the law.  </li></ul><ul><li>He finds the individual mandate as an attempt to regulate inactivity which he states is not in the congresses power. </li></ul><ul><li>Vinson allowed the law to stand while it is being appealed by the Obama Administration. </li></ul>
  8. 8. What this means?
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