Constitutional Challenges to Individual Mandate Moving Forward

     The lawsuits by several governors and state attorneys general challenging the constitutionality of a key component of the health care reform legislation are moving forward.

     Kevin Sack of the New York Times reported on September 14 that the challenges to the health care bill in federal district courts in Florida and Virginia will not be dismissed outright but will instead be heard on the merits.  He states that the Virginia case is scheduled for oral argument in the trial court on October 18 and the Virginia case on December 16.  Doug Trapp of American Medical News reports the same news in his September 29 article.

     Governwisely.org keeps track of all of the litigation challenging the health care reform law.  Here is a link to their page listing all of the court filings in the Virginia case and the Florida case.

     Here is an opinion piece setting forth opposing views and drawing my own conclusion that I posted on March 23, 2010, The Constitutionality of the Individual Mandate.  Over the next ten weeks we shall see what arguments are raised in support of and in opposition to the law.

Wilson Huhn teaches Constitutional Law at The University of Akron School of Law. Visit his website for background and information about the Constitution, as well as links to other sites devoted to Constitutional Law.