Both Parties Prepare for More Legal Challenges on Health Reform
Posted by Erin McPike | Email This | Permalink | Email Author
A successful challenge to the new comprehensive health care reform law has both parties looking toward further legal action.
On Monday U.S. District Judge Henry Hudson ruled that the provision in the new law that forces individuals to purchase health care insurance is unconstitutional. The decision, which complicates the law's full implementation, puts the case on a path to the Supreme Court. The White House, however, has indicated that the Department of Justice first will try to appeal Hudson's decision.
But Ken Cuccinelli, the Virginia attorney general who brought the case, appeared Monday night on CNN's "John King USA" to push for an expedited hearing from the Supreme Court.
"[The impact of the decision] produces an amazing amount of uncertainty for our whole economy," Cuccinelli said.
House Minority Whip Eric Cantor, who is from Virginia, joined Cuccinelli in calling for a quick path to the high court.
Both the White House and outgoing House Speaker Nancy Pelosi expressed confidence that the law would remain intact. Pelosi noted that Judge Hudson's decision does not stand in the way of other parts of the reform, which are moving forward.
"There have been and will continue to be a wide range of attempts to weaken this law," Pelosi said in a statement. "But as in previous court rulings across the country, I am confident that the Affordable Care Act will ultimately be sustained and will keep benefitting our middle class, our families, and our businesses, indeed every American. In Congress, we will stand firm against attempts to roll back the law, including the Patient's Bill of Rights and the critical consumer protections enacted by health insurance reform."
In a post on the White House blog, adviser Stephanie Cutter noted that opponents of the legislation have filed more than 20 challenges.
"Judges have already granted the administration's motion to dismiss 12 of these cases," she wrote, adding that the bill was upheld as constitutional in two cases that have moved forward so far. A similar case will get a decision on Thursday in Florida.
Cutter noted that challenges to other sweeping reforms have cropped up but failed in the past, and the administration expects the same thing will happen with health reform.
"Contrary to what opponents argue the new law falls well within Congress's power to regulate economic activity under the Commerce Clause, the Necessary and Proper Clause, and the General Welfare Clause," she said.
Democrats also point out that in this case, the individual mandate originally was pushed by the GOP when Congress debated health care reform during the Clinton administration.
Nevertheless, continued wrangling over the law ensures that it will be a key issue in the 2012 presidential election.
Several likely Republican contenders for their party's 2012 presidential nomination chimed in after the decision was offered.
South Dakota Sen. John Thune said in a statement, "Today's ruling by the U.S. District Court confirms what Republicans have been saying all along: ObamaCare represents an unconstitutional federal power grab that should be repealed and replaced."
Minnesota Gov. Tim Pawlenty went a step further, touting his own efforts to curb the law's effects.
"While today's ruling is a victory for individuals' rights, I'm also hopeful that courts will recognize that Obamacare is also a threat to states' rights," he said in a statement.
He added, "Last month, I joined the federal lawsuit in Florida that challenges Obamacare's individual mandate and invokes the 10th Amendment in vigorous defense of states' rights. In August, I issued an executive order directing Minnesota state agencies to reject participation in Obamacare unless required by law or consistent with existing state policy. I encourage governors to stand up for their states' rights and do what we can to stop Obamacare."
Former House Speaker Newt Gingrich argued that the single ruling is evidence that the law is unraveling and should be repealed.
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