Now SCOTUS Has to Rule on Obamacare

Written by Howard Foster on Tuesday November 8, 2011

By a 2-1 vote a panel of the U.S. Court of Appeals for the District of Columbia has upheld the constitutionality of the Patient Protection and Affordable Care Act, President Obama's healthcare law.

The plaintiffs, taxpayers rather than states, contended that the mandate to purchase health insurance exceeded Congress' powers under the commerce clause of Art. I of the constitution.

Agreeing with appellate court from the Sixth circuit, this argument was rejected. The court ruled Congress had the power to enact the mandate.

One judge dissented, believing the Court lacked jurisdiction to hear the case, a position taken by the Fourth Circuit, because the plaintiffs did not have standing to sue. This decision adds to the split of authority from the federal appellate Courts. The Supreme Court will soon decide whether to hear one or more of these cases.