Following Rejection by Appeals Court, Health Insurance Requirement Heads for Supreme Court
On 31.08.11, In Legal Industry, by Blake Houser
The core of the Obama Administration’ health care reform was ruled against by a federal appeals court panel, raising the question of whether or not Americans will actually be obliged to purchase a healthcare policy. The issue heads for the U.S. Supreme Court where it will be decided upon with finality.
The 11th Circuit Court of Appeals panel was composed of three judges. While they were not unanimous in their decision, they ruled that Congress went beyond its authority when they passed what is referred to as the “individual mandate.”
Healthcare industry experts have been saying that the core of the healthcare overhaul and the vital key to its funding is based on the requirement of every American to purchase health insurance or be charged with a tax penalty.
This struggle has been anticipated by legal observers, who foresaw the possibility of the case ending up eventually in the U.S. Supreme Court. After the court of appeals ruling, it appears that they were correct.
At present, among the questions being asked is whether the case will be decided before or after the November 2012 elections. Some legal observers say that it is also possible that the U.S. Supreme Court will hear the case before November 2012, but will render its decision after the election.
Stephanie Cutter, a senior adviser at the White House, stated on the White House official website that individual mandate is constitutional, as it permits those who decide not to purchase a health insurance policy to make a decision that can impact all Americans. Cutter stated that, “when people without insurance obtain health care they cannot pay for, those with insurance and taxpayers are often left to pick up the tab.”