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http://thefilmarchive.org/
July 11, 2012
Since the passage of the Patient Protection and Affordable Care Act, there have been numerous actions in federal courts to challenge the constitutionality of the legislation.[1][2] This article deals with the challenges by states against the Patient Protection and Affordable Care Act, reactions from legal experts with respect to the PPACA's constitutionality, several federal court rulings on the PPACA's constitutionality and the final ruling on the constitutionality of the legislation by the U.S. Supreme Court in National Federation of Independent Business v. Sebelius.
Almost immediately after the passage of the Affordable Care Act, the Virginia state legislature passed a law that purported to nullify the individual mandate provision of the federal Act.[26] Virginia Attorney General Ken Cuccinelli then sued Secretary of Health and Human Services Kathleen Sebelius in the U.S. District Court for the Eastern District of Virginia. Cuccinelli's lawsuit was separate from the states participating in Florida's lawsuit. The case was heard by Judge Henry E. Hudson, who was appointed to the bench by George W. Bush.
On May 24, 2010, the Obama administration filed a motion to dismiss the lawsuit, arguing that states cannot escape federal law simply by passing state laws that contravene federal ones.[27] Cuccinelli filed a counter-motion on June 7, rebutting federal claims and asserting that health insurance was not commerce as intended by the Constitution, and, thus, was not subject to regulation by Congress.[28]
A hearing was held on July 2, where similar arguments were put forth by both sides.[29] On December 13, 2010, Hudson ruled that the individual mandate portion of the health care bill was unconstitutional. However, Hudson did not block implementation of the law while the case continued working its through the court system.[30][31]
The Obama administration appealed the case to the United States Court of Appeals for the Fourth Circuit, which granted a request from both parties for an expedited process. On February 3, 2011, Cuccinelli announced that he intended to file an appeal directly with the Supreme Court, bypassing the Court of Appeals; this request was denied by the Supreme Court on April 25.[32] Hearings were held on May 10, 2011, and May 13, 2011, in Richmond.[33]
In September 8, 2011, the appellate court reversed Hudson's decision, in a decision issued by Judge Diana Gribbon Motz. The Fourth Circuit panel ruled that Virginia lacked subject-matter jurisdiction. The state law that was the basis of Cuccinelli's lawsuit was deemed invalid because Virginia lacks the authority to supersede or override federal law. Simply creating a law to use as a smokescreen for the guise of challenging a federal law did not constitute standing.[34]
On September 30, 2011, Virginia requested that the Supreme Court issue certiorari to hear the case. The petition was denied on June 29, 2012.[35]
On November 14, 2011, the Supreme Court of the United States issued a writ of certiorari to the United States Appeals Court for the Eleventh Circuit to consider appeals to its rulings in National Federation of Independent Business v. Sebelius and Florida v. United States Department of Health and Human Services. The Court heard oral arguments March 26-28, 2012 and decided the consolidated case on June 28, 2012. The Supreme Court upheld the individual mandate, but limited the expansion of Medicaid initially proposed under the PPACA. All provisions of the PPACA will continue to be in effect, with some limits on the Medicaid expansion.[47]
http://en.wikipedia.org/wiki/Constitutional_challenges_to_the_Patient_Protect...
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