FedSoc Blog

First Appeal on Health Care Reaches Supreme Court


by Publius
Posted July 28, 2011, 10:05 AM

According to SCOTUSblog, the Thomas More Law Center, a conservative advocacy group in Michigan, filed the first appeal to the U.S. Supreme Court regarding the health care reform passed by Congress last year and, specifically, the individual mandate that requires some individuals to buy health insurance.

Click here to read the petition for certiorari.

The petition argues that the individual health insurance mandate is beyond the authority granted to Congress via the Commerce Clause because it regulates "inactivity" as opposed to "activity." It also makes a new, "as-applied" challenge based on three individuals who joined the Thomas More Law Center in the case, asserting that the law is unconstitutional as applied to these three people.

The 6th Circuit did not pass on this as-applied challenge in its decision below, from which the Center is appealing. The Sixth Circuit is also the only circuit court of appeals so far that has issued a ruling on the health care law.

Click here to read coverage from The Blog of Legal Times. Click here for coverage on the WSJ Law Blog.

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