The first hearing at the U. S. Court of Appeals level took place on Tuesday, May 10, before a three-judge panel, randomly selected by a computer program, in Richmond, Virginia.  The Court actually heard arguments on two cases decided at the District Court level, with opposite outcomes as to the constitutionality of the individual mandate provision of the healthcare legislation.  Both the Washington Post and the Los Angeles Times expressed opinions that the spirited questioning by the panel appeared to reflect a potential favorable decision upholding the mandate.  The opponents of the mandate claimed that the law, by appearing to regulate “inactivity,” could not do so under the Commerce Clause of the U.S. Constitution.  Acting Solicitor General Neal Katyal, on behalf of the federal government, argued that every one needed to participate in the payment for health care, to the extent possible, since no one could truly abstain from the market for health care.  The Court in Richmond is expected to render a ruling “within about three months.”  Again, it is anticipated that, regardless of the outcome, the issue will most likely be brought before the U.S. Supreme Court.

Two more appeals are scheduled for hearing, one in Michigan on June 1, which will consider a favorable District Court decision, and one on June 8 before the 11th Circuit Court of Appeals in Atlanta, which will take up an unfavorable decision by U.S. District Court Judge Roger Vinson from Florida.