States ask US court to overturn health overhaul
Legal Topics | 2011/05/05 16:25
More than two dozen states challenging the health care overhaul urged a U.S. appeals court on Wednesday to strike down the Obama administration's landmark law, arguing it far exceeds the federal government's powers.

The motion, filed on behalf of 26 states, urges the 11th Circuit Court of Appeals in Atlanta to uphold a Florida federal judge's ruling that the overhaul's core requirement is unconstitutional. The judge, U.S. District Judge Roger Vinson, said Congress cannot require nearly all Americans to carry health insurance.

Allowing the law to go forward, the states argued in the 69-page filing, would set a troubling precedent that "would imperil individual liberty, render Congress's other enumerated powers superfluous, and allow Congress to usurp the general police power reserved to the states."

So far, three federal judges, all Democratic appointees, have upheld the law. Vinson and the Virginia judge, both Republicans appointees, ruled against it. It seems certain that the broad health care challenge will be resolved only by the nation's top court, and Vinson suggested in a March ruling that the "Supreme Court may eventually be split on this issue as well."

The filing comes about a month after the Justice Department formally appealed Vinson's ruling, arguing that Congress had the power to require most people to buy health insurance or face tax penalties because Congress has the authority to regulate interstate business.

The legal wrangling started when the states filed a lawsuit last year. Vinson agreed in a Jan. 31 ruling that said the entire health care overhaul passed by the then-Democratic-controlled Congress and signed by President Barack Obama is unconstitutional. It is considered the most sweeping ruling against the health care law.


[PREV] [1] ..[1242][1243][1244][1245][1246][1247][1248][1249][1250].. [1748] [NEXT]
All
Headline Legal News
Legal Topics
Legal Business
Attorney News
Court News
Court Watch
Areas of Focus
Legal Interview
Opinions
Chicago's lawsuit over sanctuary ..
Supreme Court Justice Ginsburg is..
Challenge to $225M Exxon settleme..
Abortion clinic dispute to be arg..
Supreme Court Backs Dayton Veto o..
Supreme Court's Kagan says Scalia..
EU court rejects Hungary, Slovaki..
NC appeals court restores man's l..
S. Indiana city's mayor defends r..
Military parts dealer guilty in p..
Court: DirecTV owes $15M to South..
Not guilty pleas entered in Lake ..
Israeli protesters erect golden s..
Court: Cherokee Freedmen have rig..
S. Korean court says worker's rar..
Dispute over rights to Tom Clancy..
Supreme Court justice blocks ruli..
Otter appoints new justice to Ida..
Top NC court weighs lawmakers str..
Supreme Court Overturns Billings ..




Chicago Business Law Attorney
Corporate Litigation Attorneys
www.rothlawgroup.com
Houston Estate Administration Lawyer
www.trishaenglishlaw.com
Car Accidents Attorneys
New Rochelle Personal Injury
www.kboattorneys.com
Surry County Criminal Defense Lawyers
Yadkin County Family Law Attorneys
www.dirussolaw.com
Law Firm Web Design Templates
Lawyer Website Templates
www.webpromo.com
   Legal Resource
Headline Legal News for You to Reach America's Best Legal Professionals. The latest legal news and information - Law Firm, Lawyer and Legal Professional news in the Media.
 
 
 
Copyright © ClickTheLaw.com. All Rights Reserved. The content contained on the web site has been prepared by Click The Law. as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. By using the www.clickthelaw.com you agree to be bound by these Terms & Conditions.

Law Firm Website Design by Lawyer Website Design Blog - Lawyer Web Site Design That Works