Employee Benefits Compliance

HCR: DC Appeals Court Upholds Constitutionality of Individual Mandate

The D.C. Appeals Court on Tuesday (Nov.8) issued its decision in the Susan Seven-Sky vs Holder challenge to the Health Care Reform law. The court upheld the constitutionality of the Individual Mandate, the provision that requires most U.S. residents to have or purchase health coverage as of January 1, 2014, or pay a penalty tax.

The three-judge panel split two-to-one. Not unusual in health care reform cases heard by panels of judges. The unusual twist, however, was that the judge who wrote the majority opinion–Judge Laurence Silberman–was appointed by President Reagan. The concurring judge was Harry Edwards, appointed by President Carter. The dissenting judge, Brett Kavenaugh, was a George W. Bush appointee.

It is generally anticipated that the U.S. Supreme Court will hear one or several Health Care Reform cases in its upcoming term. On November 10 the U.S. Supreme Court is scheduled to hold a private conference to decide which cases to take this term.