Perspective
Feb. 17, 2011
A Look at Recent Federal Court Decisions on the Health Care Reform Law
How can the U.S. Supreme Court resolve the questions surrounding the health care reform law? By Webb Millsaps and J. Peter Rich of McDermott Will & Emery.
Two federal district courts recently found that the individual mandate in the Affordable Care Act (ACA) is unconstitutional because it exceeds the limits of congressional power under the Commerce Clause. In December 2010, Judge Henry Hudson of the Eastern District of Virginia ruled that the individual mandate was severable from the remainder of the ACA; and therefore did not strike down any other provisions of the law. On Jan. 3...
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