Government appeals judge's health care ruling
By GREG BLUESTEIN, Associated Press
ATLANTA (AP) - The Obama administration has appealed a judge's ruling that found the federal overhaul of the health care system unconstitutional.
The Justice Department filed a 62-page motion Friday to the 11th Circuit Court of Appeals in Atlanta that said there's clear and well-established precedent that Congress acted within its authority in adopting the overhaul. It said Congress mad "detailed findings establishing a foundation" for exercising the authority.
Florida and 25 other states filed the lawsuit that said Congress exceeded its authority by requiring all citizens to purchase health insurance or face tax penalties. U.S. District Judge Roger Vinson agreed in a Jan. 31 ruling that said Obama's entire health care overhaul is unconstitutional. It is considered the most sweeping ruling against the health care law.
Some states, including Alaska, have cited the decision in refusing to cooperate with the health care law. But Vinson issued another ruling last week ordering states to continue implementing the law while the case makes its way through the courts.
Either way, the broad challenge seems certain to be resolved only by the Supreme Court. Two other U.S. district judges have previously upheld the law, both Democratic appointees to the federal bench.
Vinson's rulings have found that lawmakers do not have the power to penalize citizens for not doing something. But he has acknowledged that the 11th Circuit could disagree with him.
"It is likely that the Court of Appeals will also reach divergent results and that, as most court-watchers predict, the Supreme Court may eventually be split on this issue as well," he wrote in the March 3 ruling.
Other states that joined Florida in filing the lawsuit were: Alabama, Alaska, Arizona, Colorado, Georgia, Indiana, Idaho, Iowa, Kansas, Louisiana, Maine, Michigan, Mississippi, Nebraska, Nevada, North Dakota, Ohio, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Washington, Wisconsin and Wyoming.
(Copyright 2011 by The Associated Press. All Rights Reserved.)