On to the Appellate Level
By Hadley Heath
Constitutional law scholar Ilya Shapiro writes on the Cato@Liberty Blog:
The legal battle against Obamacare has hit the appellate court level. In October, a district court in Detroit granted the government’s motion to dismiss a lawsuit brought by the Thomas More Law Center and four individuals. The judge there endorsed the government’s theory that federal power under the Commerce Clause could reach the decision not to buy health insurance because that decision had a substantial effect on interstate commerce. The plaintiffs have appealed that ruling to the U.S. Court of Appeals for the Sixth Circuit, and Cato, joined by Georgetown law professor (and Cato senior fellow) Randy Barnett, filed a brief supporting that appeal.
The Thomas More Law Center case is not the only one advancing to the next level. The plaintiffs in Liberty University v. Geithner have also filed for appeal. The Virginia case will advance to a higher court as well, because you can bet the defendant, Kathleen Sebelius, wasn't happy with the ruling against her in Virginia's eastern district.
The ruling in Florida v. DHHS will be the next big news in the world of the health care lawsuits. Judge Roger Vinson has said that he plans to issue a ruling in the near future, probably sometime in January. Stay tuned!