On November 17, Professor Leon Friedman authored an article in The Huffington Post titled, “Why Is the Federal Government Surrendering Its Best Argument to Defend the Attack of the Health Care Law?” He discusses the Patient Protection and Affordable Care Act and the way the Justice Department has handled its challenges.
On Monday, November 14, 2011, the Supreme Court agreed to hear the challenge to the Obama health care law (known as the Patient Protection and Affordable Care Act). It granted certiorari in the Florida case decided by the 11th Circuit Court of Appeals, the only decision by an appeal court to strike down the individual mandate, requiring every person to enlist in a medical insurance program or face a penalty for not doing so. Three other courts of appeal have either rejected the challenge to the law or voted to uphold it (the 4th, 6th and District of Columbia Circuits). Some well-known conservative judges on those courts, appointed by Republican presidents, have nevertheless voted in favor of the law. The latest decision, issued last week by the District of Columbia court, was written by Judge Laurence Silberman, a well-known conservative judge close to Justice Scalia. Silberman wrote the court of appeals decision upholding Second Amendment rights in the famous Heller case, later affirmed by the Supreme Court.
Read the full article on huffingtonpost.com.