The 4th U.S.Circuit Court of Appeals has ordered the lower court that originally heard the case and ruled the healthcare mandate law unconstitutional to dismiss the case for lack of jurisdiction.
Virginia argued that since it has a state law covering healthcare, that gave them the right to challenge the law in federal court, however that argument failed. There are several cases across the country challenging the federal health care mandate law in various ways and it has become a highly charged case.
At issue is if the federal government can require a person to buy something. Most agree one of these cases will end up at the steps of the U.S. Supreme Court soon.
Obamacare as it has been dubbed the Republicans argue while Congress has the right to regulate commerce, it does not have the right to require anyone to buy something specific, likening it to no different than a law requiring every person to buy a tablet computer, cell phone, black socks, or top hats which everyone agrees is a no go and an overreach of the federal government’s power.
While Democrats argue the law is needed to help millions of Americans with no health insurance, forcing many into emergency health situations which end up costing the taxpayers billions of dollars a year needlessly.
Both sides agree, healthcare reform needs to happen, that the system in place now is broken, expensive and too many go without. But neither side can agree on the “how-to”.
The law is also controversial because in some cases, it forces some who can barely afford their bills now to take on the cost of health insurance every month and only be “helped” by tax credits at the end of the year when they file their taxes.
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