US Appeals FL Obamacare Case


David J. Shestokas
Suite101.com
March 10, 2011

Meeting a deadline set by the judge, the US filed an appeal in the FL Obamacare case. A pending writ of certiorari may bring the case to US Supreme Court.

Late on March 8, 2011, the US government finally filed a Notice of Appeal in Florida v. Dept. of Health and Human Services. On January 31, 2011, Judge Roger Vinson of the Federal District Court for the Northern District of Florida had declared the entire Patient Protection and Affordable Care Act (PPACA or ACA), known by many as Obamacare, unconstitutional.

The Department of Justice had filed an unusual “Motion to Clarify” in the case and Judge Vinson on March 3, 2011 gave the Department seven calendar days to appeal his decision or implementation of the Act he had found unconstitutional would be stopped in the 26 states that were party to the Florida suit. With that threat from the judge, an appeal was filed in the 11th Circuit Court of Appeals in Atlanta. The appeal asks that the appeal be expedited (heard quickly).

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