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[U.S. Fourth Circuit Court of Appeal] Rejects Health-Law Challenges
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| Contributor | Brandonius Maximus |
| Last Edited | Brandonius Maximus Sep 08, 2011 01:04pm |
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| Category | Legal Ruling |
| Author | Brent Kendall |
| Media | Newspaper - Wall Street Journal |
| News Date | Thursday, September 8, 2011 07:00:00 PM UTC0:0 |
| Description | A federal appeals court in Virginia on Thursday rejected a pair of challenges to last year's federal health-care overhaul, providing a boost to the Obama administration after it lost a high-profile case last month.
In one ruling, the Richmond-based Fourth U.S. Circuit Court of Appeals threw out a December 2010 trial-court decision that struck down the health law's requirement that individuals carry health insurance or pay a penalty. That case involved a challenge brought by Virginia Republican Attorney General Ken Cuccinelli. The Fourth Circuit ruled Mr. Cuccinelli didn't have a legal right to bring his lawsuit.
In a second case, the Fourth Circuit ruled that the insurance-mandate penalties amounted to taxes, which meant the court had no jurisdiction over the case. The appeals court said it wasn't permitted to consider a legal challenge that sought to restrain the government's assessment of taxes.
The court's ruling on that issue deepens a disagreement in the federal courts over how to interpret the health law. Other courts have ruled that the insurance-mandate penalties aren't taxes. |
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