December 13, 2010
Appeal to Supreme Court Likely
On Dec. 13, 2010, a Virginia federal judge declared the “individual mandate” of the Patient Protection and
Affordable Care Act (PPACA) unconstitutional, ruling that the government cannot require Americans to
purchase health insurance starting in 2014. The case is expected to be heard by the Supreme Court, a
sentiment echoed by the ruling judge. "…this will certainly not be the final word,” said U.S. District Judge
Henry Hudson.
This is the first federal district court decision against the individual mandate. Two earlier decisions in Virginia
and Michigan found the mandate constitutional. Other cases are pending including one in Florida filed by
20 states. Several other lawsuits have been dismissed.
Incoming House Majority Leader Eric Cantor, R-Virginia, has urged President Obama and Attorney General
Eric Holder to request that the Supreme Court hear the appeal directly, bypassing the appellate court.
Under the PPACA, starting in 2014, individuals must be enrolled in a health insurance plan that meets basic
minimum standards. Health care exchanges, also starting in 2014, will provide a new insurance marketplace
where individuals and small businesses can buy qualified health benefit plans.
As the individual mandate is not effective until 2014, the Dec. 13 Virginia ruling has no immediate impact.
