Supreme Court to Decide if Healthcare Law is Constitutional


 
 

| Friday, August 12, 2011


It's clearly unprecedented for Congress to require Americans to purchase a private product, medical insurance in the case of President Barack Obama's health care overhaul law.

But is it unconstitutional?

That's the question the Supreme Court will have to decide now that two appellate courts have come down on opposite sides of the issue, with more rulings likely on the way.

Differences between the two rulings that have come out so far:

— In Cincinnati, the 6th Circuit concluded the individual mandate is within lawmakers' evolving authority under the Commerce Clause of the Constitution, which says Congress has the power to regulate interstate commerce. The majority ruled that Congress had a rational basis for concluding that the minimum coverage provision is essential to the law's larger reforms.

— The latest ruling Friday, from the 11th Circuit in Atlanta, said the mandate exceeds congressional power under the Commerce Clause. The 2-1 divided panel said Congress cannot require Americans to buy expensive insurance "from the time they are born until the time they die."

An appeals court panel in Richmond, Va., is expected to add its opinion to the mix at any time, while the court in Washington has yet to schedule arguments for a challenge to the law pending there. There could be more coming, since more than 30 legal challenges have been filed over the health care overhaul.



Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


Connect: Have a thought or feedback about this? Add your comment now
Related Topics: News, universal healthcare, healthcare insurance, healthcare overhaul, President Obama

What's Your Take? Comment Now ...

Featured Careers & Jobs in EMS





 

Get JEMS in Your Inbox

 

Fire EMS Blogs


Blogger Browser

Today's Featured Posts

 

EMS Airway Clinic

Innovation & Progress

Follow in the footsteps of these inspirational leaders of EMS.
More >

Multimedia Thumb

New Ambulance, Fire Engine Approved for Illinois Department

Officials approve new purchases for Bloomington.
Watch It >


Multimedia Thumb

Alabama Officials Worry over Ambulance Coverage

County officials work to find best solution.
Watch It >


Multimedia Thumb

Car Crashes into Texas Ambulance

Ambulance hit while responding to a call.
Watch It >


Multimedia Thumb

PulsePoint PSA, San Diego

App will allow trained San Diego residents to respond to nearby cardiac arrest c
Watch It >


Multimedia Thumb

VividTrac offered by Vivid Medical - EMS Today 2013

VividTrac, affordable high performance video intubation device.
Watch It >


Multimedia Thumb

The AmbuBus®, Bus Stretcher Conversion Kit - EMS Today 2013

AmbuBus®, Bus Stretcher all-hazards preparedness & response tool
Watch It >


Multimedia Thumb

Braun Ambulances' EZ Door Forward

Helps to create a safer ambulance module.
Watch It >


More Product Videos >