Health Affairs outlines PPACA court challenges to date

Following the Sixth Circuit Court of Appeals June 29 decision to uphold the Patient Protection & Affordable Care Act’s (PPACA) individual mandate, Senior U.S. District Court Judge David Dowd, of the Northern District of Ohio, granted summary judgment July 1 in favor of the federal government and dismissed other constitutional challenges to the individual mandate, according to a Health Policy Brief published by Health Affairs online July 8.

About 30 lawsuits have been filed challenging the PPACA, wrote author T.R. Goldman, legal affairs writer. The highest court to issue an opinion was the Sixth Circuit Court of Appeals. Thus far, of the 26 cases filed in U.S. District Courts, judges have issued decision in nine and nine have been dismissed. “At least two of those plantiffs have voluntarily withdrawn their petitions,” wrote Goldman. “Decisions are pending in eight other challenges.”

According to Goldman, six of the cases decided at the federal District Court have been appealed, including the one decided by the Sixth Court. “Following the decision by the Sixth Circuit Court of Appeals to uphold the individual mandate, five cases are pending before various U.S. Courts of Appeals,” Goldman wrote. “Decisions are expected in most of these cases during the summer of 2011.

“The matter is almost certain to be taken up by the U.S. Supreme Court, especially if the various appeals courts hand down contradictory decisions,” Goldman concluded. 

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