Wednesday, November 9, 2011

Health Law Survives Test in Court.

A federal appeals court in Washington upheld the Obama administration’s health care law on Tuesday in a decision written by a prominent conservative jurist and the decision came as the Supreme Court is about to consider whether to take up challenges to the Affordable Care Act, a milestone legislative initiative of the administration.

The four appellate court rulings on the health care law so far, this is the third to deal with the law on the merits, and the second that upholds it will United States Court of Appeals for the District of Columbia Circuit in Washington issued the 37-page opinion by Judge Laurence H Silberman in the opinion, Judge Silberman, who was appointed by President Ronald Reagan, described the law as part of the fundamental tension between individual liberty and legislative power.

A right to be free from federal regulation is not absolute, and yields to the imperative that Congress be free to forge national solutions to national problems, no matter how local or seemingly passive in their individual origins,” he wrote in the fact that Congress may have never issued an individual mandate to purchase something before, for a central argument for many opposing the law, “seems to us a political judgment rather than a recognition of a constitutional limitations,” he wrote a 65-page dissent by Judge Brett M. Kavanaugh, a conservative jurist appointed by President George W. Bush, stated that the courts lack jurisdiction until the law’s tax penalties take effect in 2015.

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