Pennsylvania District Court holds individual mandate provision of Patient Provision and Affordable Care Act unconstitutional.

Posted By Cliff Tuttle | September 14, 2011

No. 713

The constitutionality of the individual mandate provision of the Patient Protection and Affordable Care Act under the Commerce Clause may come before the United States Supreme Court later this term. A District Court in Pennsylvania recently joined those holding the individual mandate unconstitutional, which means that the Third Circuit may get into the debate before the Supreme Court settles the split among the circuits.

A good short summary of the Pennsylvania case in context of the cases that have already been decided by other Circuit Courts of Appeals appears in the Pitt Law School website, Jurist.

Of course, there is a huge political component which will play out in the 2012 Presidential campaign, whether or not the Supreme Court decides the case in 2012.

CLT

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CLIFF TUTTLE has been a Pennsylvania lawyer for over 45 years and (inter alia) is a real estate litigator and legal writer. The posts in this blog are intended to provide general information about legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus. However, this information does not constitute legal advice and there is no lawyer-client relationship created when you read this blog. You are encouraged to leave comments but be aware that posted comments can be read by others. If you wish to contact me in privacy, please use the Contact Form located immediately below this message. I will reply promptly and in strict confidence.

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