The 4th Circuit Court of Appeals 3-judge panel dismissed two lawsuits challenging PPAC’s constitutionality on technical grounds.
Virginia vs. Sebelius—The panel ruled 3-0 that the Virginia Attorney General Kenneth Cuccinelli lacks standing to challenge the PPACA health insurance individual mandate because only the residents of Virginia are affected, not private employers or the sovereignty of a state.
Liberty University vs. Geithner—The panel ruled 2-1 that Liberty University filed its suit too soon. The lawsuit challenged the individual mandate stating that it gives the Treasury secretary the power to use individual income tax returns to collect penalties from people that do not comply with the coverage mandate. Liberty University also argued that Congress is exceeding the authority it has under the Commerce Clause of the U.S. Constitution to regular interstate commerce.
Is the dismissal of these two cases considered a victory for the Obama administration? Share your thoughts.
For more information visit: http://www.lifeandhealthinsurancenews.com/News/2011/9/Pages/4th-Circuit-Rejects-PPACA-Constitutionality-Suits.aspx?nul
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