Those Without Health Insurance 'Tax' Others, DOJ Argues | Main Justice

Those Without Health Insurance ?Tax? Others, DOJ Argues

By David Stout | May 19, 2011 12:55 pm

Americans who do not buy health insurance pass on billions of dollars in costs to taxpayers, in effect raising their taxes, the Department of Justice has asserted in a brief appealing an unfavorable ruling against the health care reform law.

The brief was filed on Wednesday by the DOJ in response to a suit filed by attorneys general and governors of 26 states, the National Federation of Independent Business and two individuals. The plaintiffs maintain that the individual mandate to buy insurance exceeds Congress?s power to regulate interstate commerce, according to a report on California Healthline.

The plaintiffs prevailed in a ruling on Jan. 31 by U.S. Judge Roger Vinson of the Northern District of Florida, who agreed with the plaintiffs. Because he found the mandate ?inextricably bound? to other provisions in the law, he invalidated it entirely.

?Amid conflicting interpretations of his ruling, Vinson issued a stay, permitting implementation of the overhaul to continue in the 26 plaintiff states while the Obama administration pursued an appeal,? California Healthline noted. A three-judge panel of the U.S. Court of Appeals for the 11th Circuit is to hear the government?s appeal June 8 in Atlanta.

The DOJ brief asserts that the unpaid health care expenses incurred by uninsured individuals are passed on to other Americans, amounting to ?a burden on interstate commerce that plainly qualifies as substantial,? California Healthline reported.

Numerous suits have been filed against the health care reform law, by government entities and private interests. Since several of the federal circuits are involved, it seems likely that the constitutionality of the law will have to be determined by the U.S. Supreme Court.

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Source: http://www.mainjustice.com/2011/05/19/those-without-health-insurance-tax-others-doj-argues/

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