Health care reform lawsuits
Health care reform lawsuits -
A Virginia judge's ruling Monday striking down a specific aspect of the health care reform law is unlikely to have any immediate impact.
While U.S. Eastern District Court Judge Henry E. Hudson ruled unconstitutional the law's requirement that, effective in 2014, all Americans purchase a minimum level of health insurance or pay a tax for being uninsured, he did not block implementation of the , portions of which are .
The ruling was celebrated by Virginia Attorney General Kenneth T. Cuccinelli II, who said in a release "I have said all along that this lawsuit is not about health care. It is about liberty. At the same time, I understand that people want more affordable health care, and I sympathize with people who honestly can’t afford it. But as someone who has sworn to uphold the law, I cannot endorse taking away the rights of all so that government can provide health care to some."
Proponents of the health care reform legislation seemed relatively unconcerned by the ruling. They point out that Hudson's is just one opinion against the mandate, and that his ruling and the case did not challenge , such as the new right of to remain on their parent's health insurance policies, rules that prohibit insurers from denying coverage to children with pre-existing conditions as well as from dropping people once they become sick.
"We’re confident that when it's all said and done, the courts will find the Affordable Care Act constitutional," said in a statement on Monday. "History and the facts are on our side. Similar legal challenges to major new laws — including the Social Security Act, the Civil Rights Act, and the Voting Rights Act — were all filed and all failed."
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Health Care Reform Finds Support and Opposition From the Courts
Jurisdictions vary upholding or undercutting new law
Alexa Welch Edlund/Richmond Times-Dispatch/AP Virginia Attorney General Kenneth Cuccinelli is challenging the constitutionality of the new health care law. "This lawsuit is not about health care. It is about liberty," he said.A Virginia judge's ruling Monday striking down a specific aspect of the health care reform law is unlikely to have any immediate impact.
While U.S. Eastern District Court Judge Henry E. Hudson ruled unconstitutional the law's requirement that, effective in 2014, all Americans purchase a minimum level of health insurance or pay a tax for being uninsured, he did not block implementation of the , portions of which are .
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And — giving further credence to Hudson’s observation, in his ruling, that "the final word will undoubtedly reside with a higher court," he wrote.The ruling was celebrated by Virginia Attorney General Kenneth T. Cuccinelli II, who said in a release "I have said all along that this lawsuit is not about health care. It is about liberty. At the same time, I understand that people want more affordable health care, and I sympathize with people who honestly can’t afford it. But as someone who has sworn to uphold the law, I cannot endorse taking away the rights of all so that government can provide health care to some."
Proponents of the health care reform legislation seemed relatively unconcerned by the ruling. They point out that Hudson's is just one opinion against the mandate, and that his ruling and the case did not challenge , such as the new right of to remain on their parent's health insurance policies, rules that prohibit insurers from denying coverage to children with pre-existing conditions as well as from dropping people once they become sick.
"We’re confident that when it's all said and done, the courts will find the Affordable Care Act constitutional," said in a statement on Monday. "History and the facts are on our side. Similar legal challenges to major new laws — including the Social Security Act, the Civil Rights Act, and the Voting Rights Act — were all filed and all failed."
Cancel You are leaving AARP.org and going to the website of our trusted provider. The provider’s terms, conditions and policies apply. Please return to AARP.org to learn more about other benefits. Your email address is now confirmed. You'll start receiving the latest news, benefits, events, and programs related to AARP's mission to empower people to choose how they live as they age. You can also by updating your account at anytime. You will be asked to register or log in. Cancel Offer Details Disclosures