On October 7, 2010, the U.S. District Court for the Eastern District of Michigan refused to grant an injunction blocking the individual mandate under the healthcare reform law. In this first ruling on the merits of a constitutional challenge to the healthcare law, U. S. District Court Judge George Steeh ruled that the individual mandate enacted as part of the Patient Protection and Affordable Care Act (PPACA), as amended, was a proper exercise of Congress’ Commerce Clause authority. The court found “a rational basis to conclude that, in the aggregate, decisions to forego insurance coverage in preference to attempting to pay for health care out of pocket drive up the cost of insurance”. The court noted the individual mandate, scheduled to go into effect in 2014, is aimed at addressing cost-shifting and “operates as an essential part of a comprehensive regulatory scheme”. Media reports, reacting to the ruling, caution that similar suits pending in Virginia and Florida may face more difficult hurdles, with ultimate resolution potentially being presented to the U.S. Supreme Court.
About Sam Fish
Sam Fish has over 40 years of legal experience in federal and state human services laws and programs, having joined PCG in 1995 after serving as Chief Counsel, Region I, for the U.S. Department of Health and Human Services for more than 25 years. At PCG, Sam provides legal advice and counsel and has served on many projects that required legal research and interpretation and implementation of many federal and state laws.
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