Government Questions Plantiff’s Standing In Challenge To Health Law
The 6th Circuit Court of Appeals will hear oral arguments on the Thomas More Law Center case in Cincinnati tomorrow. Government lawyers say one of the plaintiffs lacks standing.
National Journal: Tougher Judges, But Possible Dismissal In Cincinnati Health Law Case
The Obama administration faces a tougher panel of Republican-appointed judges as it defends the landmark health reform law in federal appellate court for the second time, but there's a chance the case could get thrown out of court. ... The case is widely considered to be just one more stop on the way to the Supreme Court. In an odd twist, the administration on Friday asked the court to consider dismissing the case, because one of the plaintiffs has purchased health insurance from her employer since October 2010 (McCarthy, 5/31).
Politico: Woman's Coverage Could Hurt ACA Lawsuit
Jann DeMars is suing the federal government, arguing that she doesn't make enough money to be able to meet the health care overhaul's requirement to buy insurance. But she may have hurt her case by voluntarily buying insurance while her suit is being appealed. ... "Because she has insurance, DeMars cannot show that the minimum coverage provision will cause her any economic injury, much less that such injury is imminent," the federal government wrote in a brief filed Friday. To make her case, DeMars said she had to make several lifestyle changes to prepare for the requirement to buy insurance. ... DeMars and her lawyers argue that the insurance she bought shouldn't end the suit. Since the coverage was only for her child, it wouldn't relieve the requirement to insure herself (Haberkorn, 5/27).
The Hill: Justice Dept. Seeks Dismissal Of Health Care Suit
Healthcare reform requires most people to purchase insurance, beginning in 2014. The federal government has made an aggressive argument that people, states and organizations don't have standing to sue over the mandate unless they can prove that they are or would be affected. ... The other plaintiffs in the suit either didn't file briefs outlining their standing or said only that the mandate would require them to change their lifestyles, according to the Justice Department.
In addition, the challenges to the health law are already making waves in the Supreme Court:
Fox News: Groups Target Thomas' Wife's Work To Force Him To Sit Out High Court Rulings On Health Care
Eyeing a potential 5-4 decision on President Obama's Affordable Care health care reforms, some Democratic lawmakers are trying to pressure Justice Clarence Thomas to sit out any health care case that may come before the Supreme Court. And in an added tack to influence the court's decision-making, one election watchdog has demanded an FBI probe of the justice over a 2010 campaign finance ruling (5/30).