Ninth Circuit Hears Challenge to Health Care Mandate

Pasadena, CA – The United States Court of Appeals for the Ninth Circuit today heard oral arguments in a lawsuit filed by Pacific Justice Institute and former Assemblyman Steve Baldwin against the sweeping federal health care overhaul signed into law by President Obama last year. PJI affiliate attorney Pete Lepiscopo, of the San Diego firm Lepiscopo & Morrow, argued the case.

The PJI suit challenges the constitutionality of the inpidual mandate in the new law, which requires that nearly all Americans to buy health insurance, whether they want it or not. The Ninth Circuit is currently weighing whether to allow the suit to go forward. PJI President Brad Dacus commented on today’s hearing, “The disastrous federal takeover of health care has already been weighed and rejected by the American people, and now it is time for the courts to rein in this unprecedented government power grab.”

The Ninth Circuit covers more territory and population than any other federal circuit court. So far, one federal court of appeals, the Sixth Circuit based in Cincinnati, has upheld the health care law, while decisions from several other federal courts of appeal are expected before the end of the year. Ultimately, the U.S. Supreme Court is expected to decide the constitutionality of the inpidual mandate.