Skip navigation
Annenberg School of Communication and Journalism University of Southern California
Top Stories

Obama Declines To Appeal Atlanta Healthcare Ruling

Obama administration seeks Supreme Court ruling on Obama’s healthcare plan

The Obama administration chose not to ask a federal appeals court to review Atlanta’s ruling to strike down President Obama’s health care reform.

Instead, they would like to put this case in front of the Supreme Court during the health care overhaul in the court’s term next month. Coincidentally, the decision would then be rendered during the 2012 Presidential election campaign.

Justice Department Spokeswoman Tracy Schmaler disclosed the administration’s decision and declined to elaborate on next moves.

In a ruling in August, a divided three-judge panel of the 11th Circuit Court of Appeals in Atlanta concluded Congress overstepped its authority when lawmakers passed the individual mandate provision that requires people to buy health insurance.

Chief Judge Joel Dubina and Circuit Judge Frank Hull said that lawmakers cannot require residents to “enter into contracts with private insurance companies for the purchase of an expensive product from the time they are born until the time they die.”

In his dissent, Circuit Judge Stanley Marcus accused the majority of ignoring the “undeniable fact that Congress’ commerce power has grown exponentially over the past two centuries.” He wrote that Congress generally has the constitutional authority to create rules regulating large areas of the national economy.

The Supreme Court is widely expected to have the final say on the law, especially now that the appeals courts that have considered the law disagreed and one of them had struck down a key provision.

Although the issue has political as well as legal ramifications, the real issue has been over timing. In order to hear and decide the case by late June, when the court wraps up its work until resuming in October, the justices would have to act by January to accept and schedule an appeal.

COMMENTS
Leave a comment
Name:
E-mail:*
URL:
Comments:*

ATVN Through the Years


By Marc Sallinger, McKenna Keil and ccameron
10/01/14 | 4:14 p.m. PDT

ATVN's first broadcast went on the air in 1998. ATVN's Marc Sallinger has the story. 

Dean Wilson Celebrates Grand Opening Of Wallis Annenberg Hall


By chayes and McKenna Keil
10/01/14 | 1:50 p.m. PDT

Dean Ernest Wilson sees a bright for generations of Annenberg students with grand opening of the new building. 

Weathercast 10/01/2014

Wednesday 10/01/2014

No. 16 Trojans Look to Cool Down Sun Devils

USC Women's Soccer Collides with Colorado

We detected that you might be on a mobile device such as an iPad or iPhone. Sorry, at this time the video box is only visible on desktop computers.
MOST POPULAR

A Look at the World's Largest Airborne Law Enforcement Agency


By Ani Ucar and Erin Ramirez
09/29/14 | 4:11 p.m. PDT

With 18 helicopters circling the skies, L.A. is home to the largest airborne force. ATVN's Ani Ucar takes us behind...

L.A. Celebrates 68 Years of Integration


By Jessica Moulite
09/29/14 | 3:27 p.m. PDT

In 1946, segregation in California schools was ruled unconstitutional.