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One Year Later, Health Care Legislation’s Constitutionality Still Unresolved

One year after its enactment, the challenges to the Patient Protection Affordable Care Act (“PPACA”) continue, with two reaching the Federal Circuit Courts of Appeals. 

Most recently, the District Court of the District of Columbia upheld the constitutionality of the individual mandate using the same basic analysis as the courts in Virginia and Michigan.  The tally now stands at three courts upholding the law and two courts finding it unconstitutional.  Currently appeals are pending in both the 4th and 11th Federal Circuit Courts of Appeals.  It is extremely likely this issue will be resolved by the Supreme Court. 

In fact, the Virginia Attorney General asked the Supreme Court to hear its appeal before a decision is rendered by the 4th Circuit.  This is an unusual strategy, but the Attorney General feels the matter is of great public importance and hopes the Supreme Court will hear the case soon.  His basic logic is hard to fault.

As always, we will continue to keep you up to date as PPACA gets closer to a review by the Supreme Court.  Brody and Associates regularly advises management on complying and remaining up to date with state and federal employment laws.  If we can be of assistance in this area, please contact us at info@brodyandassociates.com or 203.965.0560.