Federal appeals court blocks state lawsuit over health care reform law

[Hepburn]

Washington (CNN) -- A federal appeals court has tossed out Virginia's lawsuit against the sweeping health care reform effort championed by President Barack Obama, after the three-judge panel concluded Thursday the state lacks the jurisdictional authority to challenge the 2010 law.

The unanimous decision sets up a certain Supreme Court review in coming months.

"Virginia, the sole plaintiff here, lacks standing to bring this action," said the ruling from the 4th Circuit U.S. Court of Appeals. "Accordingly, we vacate the judgment of the district court and remand with instructions to dismiss the case for lack of subject-matter jurisdiction."

The Richmond-based court becomes the second such federal court to uphold the constitutionality of the Patient Protection and Affordable Care Act, particularly the "individual mandate" provision requiring most Americans to purchase health insurance by 2014 or face a financial penalty. Another appeals court had ruled against the administration.

http://www.cnn.com/2011/POLITICS/09/08/virginia.health.law/

Well, I wonder how soon the U.S. Supremes will grant cert to allow the conservative assholes to screw us over again.


Sigh....

[pampango]

1. PBS: In one of the biggest victories for President Obama's health care reform overhaul, ...

a federal appeals court dismissed two high-profile cases questioning the law's constitutionality.

The one-two punch from the 4th Circuit Court of Appeals in Richmond found that Virginia Attorney General Ken Cuccinelli and Liberty University have no legal right to sue over the reform law's demand that all Americans buy health insurance or pay a fine.

The appellate court was the first to throw out the case based upon standing rather than the constitutionality of the law.

The three-judge panel -- two appointed to the bench by President Obama, one by President Clinton -- rejected Cuccinelli's argument that the mandate interferes with a state law protecting Virginians from being forced into buying health insurance. The court said the mandate "imposes no obligations" on the state itself and that an attorney general has no legal standing to sue on behalf of the individual citizens who will be affected.

Neera Tanden, chief operating officer of the liberal think tank Center for American Progress and a former architect of the law in the Obama administration, said the decision marks a tipping point in favor of the overhaul.

"Today's decisions demonstrate that the sway of the appellate courts has been in favor of the law," she told the NewsHour. "You now have a clear majority of judges at the judicial appellate level finding in favor of the law."

http://www.pbs.org/newshour/rundown/2011/09/appeals-court-throws-out-health-reform-challenge.html