Lawsuits Challenging PPACA Move Forward!

Published: Thursday, October 28th, 2010

The Patient Protection and Affordable Care act has been under attack since it was signed by President Obama on March 23, 2010. In the courtrooms, the law is being challenged because of the individual mandate. This mandate, which requires that most individuals have minimum health insurance or pay a penalty, is crucial to the viability of the fledgling health care reform law. The Attorney General from Florida filed a lawsuit which challenged the constitutionality of the Patient Protection and Affordable Care Act. Attorney Generals from 19 states, the National Federation of Independent Businesses, and two individuals have joined the lawsuit. Virginia’s Attorney General also filed a separate suit. Judges in the Florida and Virginia lawsuits have agreed to allow the challenges to continue moving forward.

These lawsuits are part of an ongoing campaign to overturn this historic bill. Last month, the Republican Party unveiled their “[p]ledge to America”, which included a promise to “[r]epeal and [r]eplace health care.” If the attacks on health care reform are successful, those who need health care the most will lose coverage.

In a bit of good news, a federal judge in Michigan upheld that a provision in the health care reform bill requiring uninsured individuals to purchase insurance is constitutional. The district court judge ruled that the provision falls squarely within Congress’s ability under the Constitution to regulate interstate commerce.

To learn more about how health care reform benefits you, please read NAPAWF’ s issue brief on AAPI women and health care reform found under our reproductive justice section here. NAPAWF will continue to monitor lawsuits challenging health care reform and advocate as needed to help insurance health coverage for all.

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