Update on Appeals

02/09/11

By Hadley Heath

At least two appeals courts have put oral arguments on their dockets for challenges to the health law. 

From the New York Times:

A second appellate court has set an expedited schedule for hearing a constitutional challenge to the new health care law. The United States Court of Appeals for the Sixth Circuit, in Cincinnati, announced Tuesday that it would hear oral arguments during a term that stretches from May 30 to June 10. The appeal stems from a decision upholding the law by a federal judge in Detroit. The United States Court of Appeals for the Fourth Circuit, in Richmond, Va., has already announced it will hear arguments in mid-May in the Obama administration’s appeal of a Virginia judge’s decision to strike down a central provision of the law.

The case in Detroit, of course, is Thomas More Law Center v. President of the United States.  The plaintiffs in this case did not get a favorable ruling from Judge Steeh.  He's the "economic decisions" guy.  So they have filed for an appeal in the Sixth Circuit.

The case in Virginia is Ken Cuccinelli's case, Virginia v. Sebelius.  The "central provision" that the Times refers to is the individual mandate.

This brief snippet from NYT fails to mention that Liberty University has also filed for an appeal of their case, and that the Eleventh Circuit is sure to hear an appeal of the Florida case too.

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