AARP Bulletin - July/August 2011

Your Health ; In the News

1 in 5 Number of men and women ages 50 to 69 who have married twice.

Health Care Law Fight Continues in Courts

The Poll

The heated battle over the new health care law continues in the courts and in the states. In a major legal encounter in June, a federal appellate court in Atlanta heard a multi-state lawsuit challenging the constitutionality of the law. Of all the legal challenges, that lawsuit—in the 11th U.S. Circuit Court of Appeals—appears the most likely to be headed to the Supreme Court. The panel of three Atlanta judges heard oral arguments from lawyers for the states and for the federal government but did not issue a ruling immediately. ; At issue is whether Congress has the authority to require nearly every American to buy health insurance in 2014, known as the individual mandate. The plaintiffs—Florida, joined by 25 states, the National Federation of Independent Business and two individuals—won a victory Jan. 31 when U.S. District Court Judge Roger Vinson in Pensacola, Fla., ruled the entire Patient Protection and Affordable Care Act unconstitutional. Congress overstepped its authority in imposing the mandate, Vinson wrote. ; The Obama administration appealed, and the 11th Circuit granted an expedited review of the case. If that court rules quickly, the case could reach the Supreme Court by early October. ; Meanwhile, a Virginia appeals court will rule on two lower court decisions—one upholding the law and one that struck down part of it. ; Both sides have filed numerous briefs and responses, and scores of interested parties—including AARP, members of Congress, state legislators and health care providers—have filed friend-of-the-court briefs. ; More than two dozen provisions of the law took effect in 2010. Another 21 provisions are scheduled to go into effect this year. —Marsha Mercer