Health Care Individual Mandate Approved by Federal Appeals Court

The judges upheld the law's provisions that Congress can make Americans buy health insurance.

July 01, 2011

CINCINNATI - This week, the U.S. Court of Appeals for the 6th Circuit struck a blow for those opposing the health care reform law when the justices ruled that Congress could make Americans purchase health insurance, the Washington Post reports.

The decision is the first in favor of the health-care overhaul law and the first from a judge (Jeffrey Sutton) appointed by a Republican. "We find that the minimum coverage provision is a valid exercise of legislative power by Congress under the Commerce Clause," wrote Judge Boyce F. Martin Jr. for the majority.

The U.S. Department of Justice said the 2-to-1 decision was important because of the court€™s bipartisan support. Those against the health-care law view the ruling as one in a series of steps to the Supreme Court.

"It€™s an unfortunate decision," said attorney David Rivkin, who represents 26 states in a lawsuit that began in Florida. "By the time this gets to the Supreme Court, it€™s not going to matter which decision was first or second." He expects the high court to overturn the law.

NACS recently filed comments with other members of the Employers for Flexibility in Health Care (EFHC) to the Internal Revenue Service on the Shared Responsibility for Employers Regarding Health Coverage. A recent Wall Street Journal article found that in three years, when most of the provisions of Obama€™s health-care reform bill take effect, 30 percent of businesses would likely withdraw health insurance for employees.

NACS has a fact sheet on the health-care reform laws that details what the measure will mean for convenience stores.

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