DC Circuit Hears ACA Arguments, Supreme Court Asked to Review ACA - October 4, 2011

On Sept. 23, the U.S. Court of Appeals for the District of Columbia heard arguments in an appeal to the District Court’s earlier ruling in a case challenging the individual mandate in the Affordable Care Act (ACA). The three-judge panel focused on two main issues: whether the mandate falls under the authority of Congress through the Commerce Clause and whether the Anti-Injunction Act prevents the court from ruling on ACA challenges until the mandate is in effect. This appeal is one of many that are currently moving through the federal courts. As it stands, one federal court of appeals has upheld the individual mandate, one ruled it unconstitutional and one has dismissed the challenge citing the Anti-Injunction Act.

Last week, the U.S. Department of Justice (DOJ) filed a petition asking the U.S. Supreme Court to review a decision handed down by the 11th Circuit Court of Appeals, which ruled that the individual mandate was unconstitutional. In addition, the plaintiffs – 26 states and the National Federation of Independent Business – filed petitions yesterday asking the Supreme Court to review the case. In particular, they asked the Court to review: 1) whether the whole law must fail if the individual mandate is found unconstitutional; 2) whether the federal government can force states to expand Medicaid or risk losing Medicaid funding; and 3) whether the federal government can require states to give state employees health care coverage. The DOJ also has asked that the Court hold a petition seeking review of the 6th Circuit decision, which upheld the mandate as constitutional, until the 11th Circuit decision is reviewed. Shortly after these petitions were filed, Virginia Attorney General Ken Cuccinelli announced plans to ask the Supreme Court to review whether Virginia could also challenge the ACA. In September, the 4th Circuit Court of Appeals ruled that Virginia lacked standing to challenge the individual mandate provision in the ACA.

NAPH will continue to monitor the ACA challenges as they make their way to the higher courts.