Pennsylvania District Court Judge Strikes Down Mandate
In the latest development as challenges to the health law work their way through the court system, a Pennsylvania judge struck down the individual mandate as well as provisions dealing with guaranteed issue and pre-existing conditions.
The Hill: Judge Strikes Mandate, Takes New Approach To 'Severability'
He's the only judge, at either level, to strike the mandate, as well as a select few other provisions. When other courts have found the mandate unconstitutional, they've either struck it down on its own or invalidated the entire health care law. In addition to the mandate, Conner struck down provisions that require insurance companies to cover everyone who wants to buy a policy and prohibit discrimination against people with pre-existing conditions. Policy experts from all sides of the health care debate — including the administration — agree that those three provisions work together. The mandate serves to get healthy people into the risk pool, offsetting the cost of covering sick people (Baker, 9/13).
Politico Pro: Another District Court Rules Against Mandate
A Pennsylvania district court judge on Tuesday ruled that the health law’s individual mandate is unconstitutional — the latest in a slew of conflicting court rulings over the provision. Judge Christopher Conner ruled that Congress can't require a Pennsylvania couple, Barbara Goudy-Bachman and Gregory Bachman, to buy insurance. … Conner ruled that the guaranteed issue and pre-existing condition provisions must come down along with the mandate, making him the first judge to tie the two provisions to the requirement to buy insurance (Haberkorn, 9/13).
The Atlanta Journal-Constitution: Another Health Ruling
The individual mandate portion of the Obama health law, which would require Americans to purchase a minimum level of health insurance starting in 2014, suffered another legal defeat Tuesday as a federal judge in Pennsylvania struck down the plan — and added another new voice to the legal battle. "The power to regulate interstate commerce does not subsume the power to dictate a lifetime financial commitment to health insurance coverage," wrote Judge Christopher Conner (Dupree, 9/13).
CQ HealthBeat: District Court Judge Declares Health Care Law Unconstitutional
A federal district court judge in Pennsylvania ruled Tuesday that the requirement in the health care law that individuals get health insurance is unconstitutional. That means so far three district courts that have ruled on the merits of cases have either found the individual mandate or the whole overhaul unconstitutional. Four have upheld the law. More than two dozen suits filed against the law are making their way through federal courts around the nation. Many cases have been dismissed for procedural reasons (Norman, 9/13).