On June 9, the U.S. Court of Appeals for the 11th Circuit in Atlanta, Georgia held a hearing to review a recent court decision in favor of revoking the Patient Protection and Affordable Care Act.
U.S. District Court Judge Roger Vinson ruled in January in favor of a lawsuit brought by 26 states against the act, saying the mandate on individual responsibility to purchase insurance is unconstitutional. President Obama repealed the ruling, sending the case to the U.S. Court of Appeals.
The three Court of Appeals judges presiding over the hearing were Judge Frank Hull, who was appointed by President Bill Clinton, Judge Stanley Marcus, who was appointed by President Ronald Reagan and Chief Judge Joel Dubina, who was also appointed by Reagan.
The judges, who were chosen at random, debated whether a requirement for Americans to buy health insurance could lead to other such laws that would infringe on their liberty. Their decision is pending.
Elizabeth Wydra, chief counsel for the Constitutional Accountability Center said in advance of the hearing, “It is essential to note that over 150 state legislators from 26 states have filed a ‘friend of the court’ brief supporting the constitutionality of the act and arguing that it is good policy for their states and constituents.”
Ron Pollack, founding executive director of Families USA wrote in an editorial in the Huffington Post, “To throw out the entire law would do a great disservice to American families, who, for far too long, have been trapped in an unfair system. Thanks to the Affordable Care Act, children can no longer be denied access to insurance because they have a pre-existing condition. Seniors and people with disabilities can receive preventive care services free-of-charge. And insurance companies cannot arbitrarily jack up premiums just to increase their profit margin.”
The Affordable Care Act was passed in March 2010, requiring Americans to purchase health insurance and providing assistance for people with low incomes. It eliminates pre-existing condition limitations on care, improves training for physicians, dentists and health professionals in treating people with disabilities and ensures the coverage of rehabilitation and habilitation products and services.
The law includes the Community Living Assistance Services and Supports (CLASS) Act and the Community First Choice Option that allow states to provide home and community based services to Medicaid recipients, giving them the option to live at home instead of nursing homes. It also provides states with financial incentives to provide community services.
The act is set to take effect in 2014. The House of Representatives voted to repeal the law but the Democrat-controlled Senate defeated that measure.
Similar Court of Appeals hearings took place in the Sixth Circuit in Cincinnati, Ohio and the Fourth Circuit in Richmond, Virginia. Another hearing is scheduled for Washington, D.C. The case is expected to eventually reach the U.S. Supreme Court.
This article was published in the July 2011 issue of Able News.
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