Department of Health and Human Services, v. Florida

Department of Health and Human Service v Florida
Supreme Court of the United States
Full case name	Department of Health and Human Services, et al., v. Florida, et al.
Prior history	11th Circuit Court of Appeals, 648 F.3d 1235
Holding
Court membership
Chief Justice Associate Justices
Laws applied
U.S. Const. Article 1

Department of Health and Human Service v Florida (2011) is one of several case currently under consideration by the Supreme Court of the United States in which the Court is considering the question of whether Congress has the power to enact the minimum coverage provision of Patient Protection and Affordable Care Act (PPACA) under Article I of the United States Constitution.

Currently the Supreme Court has granted 5 and half hours for oral arguments in this case. ^[1]

Background

After the Passage of the Patient Protection and Affordable Care Act, the State of Florida filed a lawsuit against the United States Department of Health and Human Service to have the law found unconstitutional. On January 31, 2011 U.S. District Judge Roger Vinson rule the mandatory health insurance "individual mandate" was outside the power of congress. Because this provision could not be removed from the law on its own, the judge ruled the PPACA was unconstitutional. ^[2]

The Department of Health and Human Services appealed to the 11th Circuit Court of Appeals on a three-judge panel issued a ruling affirming Judge Vinson ruling in part. ^[3] The court found that the mandate could be severed and the rest of PPACA to was constitutional.

The Government petitioned for the Supreme Court to review the courts ruling. On November 14, 2011 the United States Supreme Court granted cert on the case, setting Oral arguments for March of 2011.

The impact of the decision

Many people speculate that the ruling on this case and the other that have been combined will have an impact on every citizens life. The Supreme Court has taken steps to limit what power the federal government has in attempting to limit private conduct, by use of the Commerce Power in the constitution. Some people think that the case of United States v. Lopez which was the first case to limit Congress's power under the commerce clause will be the key to the ruling on the current case. ^[4]

See Also

• Florida et al v. United States Department of Health and Human Services
• Health care reform in the United States
• Wickard v. Filburn, 317 U.S. 111 (1942)
• A.L.A. Schechter Poultry Corp. v. United States, 295 U.S. 495 (1935)
• Commonwealth of Virginia v. Sebelius

External Links

• United States Supreme Court (November 18, 2011), "Fillings in the Patient Protection and Affordable Car Act"

References

1. ^ "Factobox: Supreme Court's lengthiest oral arguments". Reuters. November 16, 2011. http://www.reuters.com/article/2011/11/16/us-usa-healthcare-arguments-idUSTRE7AF2WH20111116. Retrieved 2011-11-18. 
2. ^ Adamy, Janet (February 1, 2011). "Judge Rejects Health Law". The Wall Street Journal. http://online.wsj.com/article/SB10001424052748703439504576116361022463224.html?mod=WSJ_hp_mostpop_read. Retrieved February 1, 2011. "A federal judge ruled that Congress violated the Constitution by requiring Americans to buy insurance as part of the health overhaul passed last year, and said the entire law 'must be declared void'." 
3. ^ Kendall, Brent (August 13, 2011). "Health Overhaul Is Dealt Setback". The Wsll Street Journal. http://online.wsj.com/article/SB10001424053111904006104576504383685080762.html. Retrieved September 27, 2011. 
4. ^ Freedman, Dan (2010-04-03) Texas gun case could decide health care reform lawsuit, Houston Chronicle