Recent News about the
The Patient Protection and Affordable Care Act

Update 09/26/2011 Monday September 26, 2011, is the date the Department of Justice is required to request a full appeals court hearing on the 11th Circuit Court of Appeals agreeing that the "individual mandate" was unconstitutional in the 28 state lawsuit filed by the state of Florida. If the Justice Department files the request, the court must decide to hear ; else the case must be appealed to the US Supreme Court On September 23, 2011, oral argument was held in the DC Court of Appeals On September 13, 2011,in a decision in the case, Goudy-Bachman et al v. United States Department of Health and Human Services et al, three provisions of the Patient Protection and Affordable Care Act, better known as Obamacare, were declared invalid. United States District Judge Christopher J. Connor of the THE MIDDLE DISTRICT OF PENNSYLVANIA ordered that the:

"...the minimum coverage provision of the Patent Protection and Affordable Care Act cannot withstand constitutional scrutiny. The court also concludes that section 5000A cannot be severed from the Act without also severing the guaranteed issue and preexisting conditions health insurance reforms. The remaining portions of the Act will be left intact to function in accordance with the intent of Congress."

Judge Connor defined the basis in his memorandum in the decision:

"...this case concerns the precise parameters of Congress's enumerated authority under the Commerce Clause of the United States Constitution. Specifically, the issue is whether Congress can invoke its Commerce Clause power to compel individuals to buy insurance as a condition of lawful citizenship or residency. The court concludes that it cannot. The power to regulate interstate commerce does not subsume the power to dictate a lifetime financial commitment to health insurance coverage. Without judicially enforceable limits, the constitutional blessing of the minimum coverage provision, ..., would effectively sanction Congress's exercise of police power under the auspices of the Commerce Clause, jeopardizing the integrity of our dual sovereignty structure."

The ruling is located in this link.

However, on September 8, 2011, the United States Court of Appeals for the Fourth Circuit, reversed the federal district courts ruling against Obamacare in the suit Commonwealth of Virginia v. Kathleen Sebelius. In the ruling, the basis for the reversal was given as:

"...we hold that Virginia, the sole plaintiff here, lacks standing to bring this action."

Likewise on September 8, the same appeals court in an opinion in the case Liberty University, Inc., et al. v. Geithner, et. al. affirmed the lower court's ruling against Liberty University by indicating it, the appeals court, lacked jurisdiction:

The district court upheld these provisions, ruling that both withstood constitutional challenge. Because this suit constitutes a pre-enforcement action seeking to restrain the assessment of a tax, the Anti-Injunction Act strips us of jurisdiction. Accordingly, we must vacate the judgment of the district court and remand the case with instructions to dismiss for lack of jurisdiction.

Update 09/03/2011 The first appeal has reached the US Supreme Court. The petition for a writ of certiorari was filed in the case Thomas More Law Center, et al., Petitioners v. Barack H. Obama, President of the United States, et al. In this case the United States Court of Appeals for the Sixth Circuit ruled in favor of the Obama administration. A decision is due on August 29 on whether the US Supreme Court will hear this appeal in the 2011 term.

Update 08/02/2011 While we have been focused on the debt ceiling, and reducing the cost of government, the Patient Protection and Affordable Care Act (PPACA)is moving through the Federal courts. Locally, oral argument was held in Harrisburg on July 21, U.S. Middle District Court of Pennsylvania in the case Goudy-Bachman et al v. United States Department of Health and Human Services et al

Update 06/20/2011 On June 1, arguments were presented in the US Court of Appeals for the Sixth Circuit in the plaintiff appeal in Thomas More Law Center v.Obama.

On June 29 a 3 judge panel in a split ruling decided in favor of the Obama administration.

In the dissent Senior District Judge Graham eloquently states:

"Here, Congress's exercise of power intrudes on both the States and the people. It brings an end to state experimentation and overrides the expressed legislative will of several states that have guaranteed to their citizens the freedom to choose not to purchase health insurance... The mandate forces law-abiding individuals to purchase a product - an expensive product, no less - and thereby invades the realm of an individual's financial planning decisions... In the absence of the mandate, individuals have the right to decide how to finance medical expenses. The mandate extinguishes that right."

This case will be either reviewed by the full court of the 6th district or sent directly to the US Supreme Court.

Oral argument was held on June 8 in the US Court of Appeals for the Eleventh District for the defendent appeal in the 28 state suit State of Florida et al v. United States Department of Health and Human Services et al.

On May 10, arguments were presented for two appeals to the US Court of Appeals for the Fourth Circuit. The two appeals were a result of rulings in Federal District court in Virginia for the plaintiff appeal in Liberty University et al v. Timothy Geithner et al and the defendent appeal in Commonwealth of Virginia v. Kathleen Sebelius.

Oral argument is scheduled for June 11 in the US Court of Appeals for the Eleventh District for the defendent appeal in the 28 state suit State of Florida et al v. United States Department of Health and Human Services et al.

On April 21 U.S. District Judge Freda Wolfson in the US Federal District Court of New Jersey released an opinion granting dismissal in the case NICHOLAS E. PURPURA, et al., v. KATHLEEN SEBELIUS et al. After seven months of filings and motions, the dismissal was made on the basis the plaintiffs did not have standing.

Update 02/26/2011 On February 17, the Obama administration filed a Motion to Clarify Judge Vinson's ruling "...that Congress lacked authority to enact the minimum coverage provision of the Patient Protection and Affordable Care Act ("Affordable Care Act," "ACA," or the "Act"). The Court has also held that the provision is not severable from the remainder of the statute, and that therefore "the entire Act must be declared void."

The Obama administration states that it will appeal the order and that "The Court's declaratory judgment potentially implicates hundreds of provisions of the Act and, if it were interpreted to apply to programs currently in effect, duties currently in force, taxes currently being collected, and tax credits that may be owed at this time or in the near future, would create substantial uncertainty. Because of the sweeping nature of the declaratory judgment, such an interpretation would pose a risk of substantial disruption and hardship for those who rely on the provisions that have already been implemented."

Judge Vinson on February 18, in an order, requested the plaintiffs (State of Florida, et al) file a response in an expedited manner (3 days) and afforded the Obama administration 3 days to respond to the plaintiff's response.

On February 23, Florida Attorney General Pamela Bondi promptly filed a response requesting that "Given the clarity of the Court's Order and the straightforward law governing the effect of declaratory judgments, Defendants' Motion is simply an unfounded attempt to justify a stay in this Court and, later, to build an improper post-judgment "record" for their inevitable claim in the Court of Appeals that their delay in seeking appeal and a stay is excused by their purported confusion about this Court's decision."

Attorney General Bondi concluded "For all of the foregoing reasons, and especially because time is of the essence in this matter," the Court should deny Defendants' Motion for Clarification as well as their thinly disguised request for a stay." The Obama administration response is expected by the end of the month, and Judge Vinson has indicated he will then rule of the Obama administration's motion to clarify. If Judge Vinson rules in favor of the State of Florida, then all implementation activities would need to stop.

In another case filed in the United States District Court for the District of Columbia, Case 1:10-cv-00950-GK - MARGARET PEGGY LEE MEAD, et al. v. Eric Holder, Jr., et al., Distric Judge Gladys Kessler gave the Obama administration its third victory in the courts when she ruled that the Defendent's motion to dismiss is granted.

A ruling in the case Purpura et al. v. Sebelius was expected on February 22. However, that ruling was not made and may be pending based on Judge Vinson's ruling in Florida.

Update 02/13/2011 - Mitch Daniels, Governor of Indiana, with 20 states' governors including PA governor Tom Corbett issued a letter to Kathleen Sebelius stating "In addition to its constitutional infringements, we believe the system proposed by the PPACA is seriously flawed, favors dependency over personal responsibility, and will ultimately destroy the private insurance market. Because of this, we do not wish to be the federal government's agents in this policy in its present form." For more information see Governor Mitch Daniels' press release.

Locally, the the Obama administration was handed another setback on January 24 in the U.S. Middle District Court of Pennsylvania when Judge Christopher C. Conner denied the request for dismissal filed by the government in the case Goudy-Bachman et al v. United States Department of Health and Human Services et al. In the denial Judge Conner agreed the plaintiffs had standing and were potentially harmed financially by the "individual mandate" provisions of the law.

Update 02/02/2011 - The repeal of Obamacare entitled, "To repeal the job-killing health care law and health care-related provisions in the Health Care and Education Reconciliation Act of 2010" by amendment was defeated in the US Senate today by a vote of 47-51. Two Democrat caucus members did not vote.

The votes of our senators were:
Bob Casey (D) - Nay
Pat Toomey (R)- Yea

Update 01/31/2011 - The Federal District Court in Tallahassee in a ruling by Judge Rodger Vinson has declared the "Obamacare" as unconstitutional. This is the same case signed on by 26 states including Pennsylavania by then Attorney General and now Governor Tom Corbett. This is the second major success in seeking to overturn this legislation in the courts. Unlike the recent favorable ruling in Virginia, Judge Vinson goes a step further and has ruled the whole law as unconstititional.

Update 01/21/2011 - Newly elected Oklahoma Attorney General, E. Scott Pruitt with support of newly elected governor, Mary Fallin, have formally filed a lawsuit against the Federal Healthcare bill. The suit is filed on the basis "...Act exceeds the powers given to Congress by the Commerce Clause and Necessary and Proper Clause, it should be declared unconstitutional, and Defendants should be permanently enjoined from enforcing its provisions." Read more in the press release. This suit brings the number of states filing suit to 28.

Update 01/19/2011 - The US House or Representatives passed H.R.2,"To repeal the job-killing health care law and health care-related provisions in the Health Care and Education Reconciliation Act of 2010." by a vote of 245 to 189. All Republican House members and 3 Democrat members, Ross(AR), Boren(OK),and McIntyre(NC) voted for the repeal. Charlie Dent (PA-15)Yes, and in the surrounding districts: Tim Holden (D)(PA-17) No, Lou Barletta (PA-11) Yes, Mike Fitzpatrick (PA-8) Yes, Jim Gerlach (PA-6) Yes, Leonard Lance (NJ-7) Yes, Scott Garrett (NJ-5) Yes.

Update 01/18/2011 - The newly elected Maine Attorney General, William Schneider has requested Florida include Maine in with 25 other states in the lawsuit filed in Florida and joined by Pennsylvania's then Attorney General and now Governor, Tom Corbett. This one suit will have 26 states seeking to overturn the healthcare bill. Read more in his press release.

The Florida Attorney General, Pam Bondi, today filed with the Federal District Court to include six states, Iowa, Ohio, Kansas, Wyoming, Wisconsin and Maine, in the Florida law suit.

Update 01/17/2011 - Liberty University has filed an appeal to the U.S. Court of Appeals for the Fourth District - Western Division on the ruling against Liberty University by Judge Moon last December.

Update 01/16/2011 - On the legislative side, the US House of Representatives will be voting on H.R. 2 this week. A simple 3 page bill entitled "To repeal the job-killing health care law and health care-related provisions in the Health Care and Education Reconciliation Act of 2010." calls for the repeal of the 2,000 page plus "Obamacare" bill passed last year.

On the judicial side, with the change of many states Attorney Generals and Governors to the Republicans, there has been an increase of activity. We have compiled an almost daily news event summary following. At this time there are nearly 30 states having actions to challenge the healthcare law in the courts.

Update 01/13/2011 - U.S. District Judge Freda Wolfson in Trenton has scheduled a ruling on the Plaintiff's [Purpura] Motion for Summary Judgement and the Defendents [Sebelius] Motion to Dismiss for the lawsuit Purpura et al v. Sebelius et al for February 22, 2011. This is a further delay in this case. Judge Wolfson has reserved the date for a ruling and will decide at a future time whether she will allow oral argument.

Update 01/12/2011 - The newly elected Kansas Attorney General, Derek Schmidt will seek to join 22 other states in the lawsuit filed in Florida and joined by Pennsylvania's then Attorney General, Tom Corbett. This one suit will have 23 states seeking to overturn the healthcare bill. Read more in his press release.

Update 01/10/2011 - The newly elected Ohio Attorney General, Mike DeWine will seek to join 21 other states in the lawsuit filed in Florida and joined by Pennsylvania's then Attorney General, Tom Corbett. This one suit will have 22 states seeking to overturn the healthcare bill. Read more in his press release.

Update 01/07/2011 - The newly elected Oklahoma Attorney General, E. Scott Pruitt with support of newly elected governor, Mary Fallin, will bring a lawsuit against the Federal Healthcare bill. Read more in their press release.

Update 01/05/2011 - The Republican led US House of Representatives will be scheduling a vote on January 12 for the repeal of Obamacare. It is also reported that the House Judiciary committee will be scheduling hearings on the constitutionality of the law.

Update 01/04/2011 - Wisconsin has now become the 21st state to join the lawsuit brought in Federal District Court in Florida. This is the same lawsuit that our Governor-elect Tom Corbett as Attorney General joined Pennsylavania with 19 other states challenging Obamacare.

Update 12/20/2010 - The are now 24 lawsuits filed or in appeal to overturn "Obamacare". A hearing and oral argument was held on December 16 in Federal District Court in Tallahassee on the suit filed by 20 states, including PA by Tom Corbett as the Attorney General. The biggest news of the week of Dec 13th was the ruling in the suit Commonwealth of Virginia v. Kathleen Sebelius which ruled that the mandatory coverage provision was unconstitutional. This ruling now conflicts with previous rulings for Liberty University et al v. Timothy Geitner et al (VA) and Thomas More Law Center et al v. Barack Hussein Obama et al (MI)which are now under appeal. We will be publishing a comprehensive update of all lawsuits in our next edition and an update on the Purpura et al v. Sebelius et al (NJ). For more information on this suit, please view the attached presentation.

Update 12/05/2010 - The are now 20 lawsuits filed or in appeal to overturn "Obamacare". A hearing and oral argument is set for December 16 in Federal District Court in Tallahassee on the suit filed by 20 states, including PA by Tom Corbett as the Attorney General.

A decision in the Virginia state suit is scheduled for January 1, 2011!

Appeals are being filed for two cases in Michigan and Virginia filed by the Thomas More Law Center and Liberty University respectively that were dismissed in Federal District Court in these states.

Update 10/14/2010 - Senior District Judge Roger Vinson has denied the motion to dismiss the lawsuit filed by 20 State Attorney Generals, including Tom Corbett. A hearing and oral argument is set for December 16 on the case! will proceed.

Update 09/16/2010 - Senior District Judge Roger Vinson has scheduled a ruling for October 16 on the motion to dismiss the lawsuit filed by 20 State Attorney Generals, including Tom Corbett. A hearing and oral argument is set for December 16 on the case which is indicative that the lawsuit will proceed.

Update 09/14/2010 - Oral arguments were held in the United States District Court for the Northern District of Florida, Pensacola Division, on a motion by the Department of Health and Human Services to dismiss the lawsuit filed by the 20 Attorneys General.

Our Location and Address

The Northampton County Republican office is located on Rte 191 in Lower Nazareth, across from the Newburg Inn and Lafayette Ambassador Bank at the stop light.

Our mailing address is:
Northampton County Republican Committee
PO Box 377
Nazareth, PA 18064

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