Monday, July 6, 2015

Legal challenges to Obamacare likely to proceed

The efforts to overturn or scale back the Affordable Care Act - Obamacare to its detractors - appeared to get a boost from a federal judge in Florida Tuesday, according to an article in The New York Times. Although the judge did not issue a ruling on whether the challenge to the law's mandate that individuals have health insurance, Judge Roger Vinson said he was leaning against the Obama Administration's effort to halt the suit brought by 20 state Attorneys General.

Legal challenges to Obamacare likely to proceed

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The efforts to overturn or scale back the Affordable Care Act – Obamacare to its detractors – appeared to get a boost from a federal judge in Florida Tuesday, according to an article in The New York Times Wednesday.

Although the judge did not issue a ruling on whether the challenge to the law’s mandate that individuals have health insurance, Judge Roger Vinson said he was leaning against the Obama Administration’s effort to halt the suit brought by 20 state Attorneys General.

Here’s what the Times’ Kevin Sack wrote:

Although he did not issue a formal ruling, Judge Roger Vinson of Federal District Court said at the close of a two-hour hearing that he leaned toward denying the federal government’s motion to dismiss the lawsuit, on at least one count. That would end the jockeying over whether states have legal standing to challenge the law, and move the case to a full debate over its fundamental constitutional question: Is the federal government’s power so broad that Congress can require citizens to purchase a commercial product like health insurance?

The judge is expected to rule on the federal government’s motion to dismiss the challenge by Oct 14, Sack reported.

As Check Up guest blogger Robert Field has written, the question of whether the states Attorneys General could challenge the law is just the first hurdle in their efforts. Check out that post and others by Robert Field here.

To check out more Check Up items go to www.philly.com/checkup.

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Check Up covers regional health news and a wide array of healthcare topics from pharmaceutical happenings to patient safety. Read about some of our bloggers here.

Portions of this blog may also be found in the Inquirer's Sunday Health Section.

Michael R. Cohen, R.Ph. President, Institute for Safe Medication Practices
Daniel R. Hoffman, Ph.D. President, Pharmaceutical Business Research Associates
Hooman Noorchashm, M.D., Ph.D. Cardiothoracic surgeon in the Philadelphia area
Amy J. Reed, M.D., Ph.D. Anesthesiologist and Surgical Intensivist in the Philadelphia Area
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