| Copyright: | (c) 2011 A.M. Best Company, Inc. |
| Source: | A.M. Best Company, Inc. |
| Wordcount: | 608 |
A federal appeals court heard oral arguments Sept. 23 in a challenge to the Affordable Care Act's individual mandate based on religious freedom grounds.
The plaintiffs in Seven-Sky v. Holder are four individuals who say the requirement is an infringement on their religious freedom to rely on God for their health care. They are seeking a finding that the mandate is unconstitutional and injunctive relief against its enforcement. In a filing before the U.S. District Court for Washington, D.C., the plaintiffs said they are "trusting in God to protect them from illness or injury, and to heal any afflictions, no matter the severity of the health issue, and do not need, or want to be forced to buy health insurance coverage."
The lower court dismissed the challenge Feb. 22, citing among other reasons the health reform law's limited exemption for religious reasons. The shared responsibility option avoids a violation of their religious beliefs. "Even assuming that it does, it is the least restrictive means of serving a compelling governmental interest," according to the ruling.
During oral arguments, a three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit questioned the federal government's assertion of the power to regulate a mandate to obtain health insurance. In addition to constitutional grounds cited in other cases, Judge Brett M. Kavanaugh questioned whether the federal Anti-Injunction Act prevents challenges in advance of the law going into effect, according to an ABC News report.
Another appeals court rejected a challenge to the law based in part on the same law (Best's News Service, Sept. 8, 2011).
In their district court filing, the plaintiffs claimed they would be forced to pay a minimum annual payment of at least $3,895 each in "shared responsibility" payments by not obtaining insurance. While that cost would not begin until implementation of the mandate in 2014, they claimed the pending fines are compelling them to "adjust their fiscal affairs" now.
The D.C. Appeals Court also questioned Deputy Assistant Attorney General Beth S. Brinkmann, representing the Obama administration, with questions about whether there would be any limits to future market mandates if the health insurance mandate is upheld, ABC reported.
Brinkmann reiterated the administration's argument, made in other cases, that health care is a unique market, as everyone will utilize it during their lifetimes. When health services are needed, there is an expectation that care will be provided regardless of the ability to pay, which shifts care for those without insurance to those who do, lawyers have argued (Best's News Service, May 10, 2011).
The Seven-Sky challenge is the fourth to reach the federal appellate level. Three federal appellate courts have now ruled on challenges to the Affordable Care Act, setting up the matter for the U.S. Supreme Court.
The Fourth Circuit U.S. Court of Appeals recently rejected Virginia's lawsuit against the health reform law by dismissing the state's right to sue (Best's News Service, Sept. 8, 2011). The court also rejected a separate challenge brought by a conservative Christian university.
In August, a divided 11th Circuit Court of Appeals found the health insurance mandate to be unconstitutional, but upheld the rest of the law. A June ruling by the Sixth Circuit U.S. Court of Appeals upheld the health reform law, including the mandate to obtain insurance coverage (Best's News Service, Aug. 12, 2011).
That decision contradicted a June ruling by the Sixth Circuit U.S. Court of Appeals in Cincinnati that upheld health reform law, including the mandate to obtain insurance coverage. That case has been appealed to the U.S. Supreme Court (Best's News Service, July 29, 2011).
(By Sean P. Carr, Washington Bureau Manager: sean.carr@ambest.com)
Source: http://insurancenewsnet.com/article.aspx?id=278682&type=lifehealth
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