Health Care Law Blog
In the race to the top, the 6th Circuit decision upholding the constitutionality of the Patient Protection and Affordable Care Act ("PPACA") is the first to come before the United States Supreme Court. In response to the 6th Circuit's adverse ruling against it (discussed here), the Thomas More Law Center, et. al., recently petitioned the Supreme Court for review.
The Petition specifically presents two questions for consideration by the Supreme Court:
- Does Congress have authority under the Commerce Clause to require private citizens to purchase and maintain “minimum essential” healthcare insurance coverage under penalty of federal law?
- Is the individual mandate provision of the Act unconstitutional as applied to Petitioners who are without healthcare insurance?
In light of the conflicting rulings related to PPACA that have been issued by lower courts, it is likely that the Supreme Court will accept the case for review. Until that happens and until the Supreme Court issues a decision, please understand that PPACA remains the law.
For assistance in preparing for the upcoming deadlines that may affect your business, please contact one of the health law attorneys at Foster Swift.
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