Multiple court challenges have resulted from passage of the federal health care reform law – the Patient Protection and Affordable Care Act1 ("PPACA"). As of today, this chart summarizes the current status of the cases and their respective progression through the federal court system.
Most of the cases challenging PPACA hinge on one major issue: Is it constitutional for the federal government to require Americans to obtain health insurance? This requirement is commonly called the "individual mandate."
So far, two U.S. Circuit Courts of Appeals have reached substantive rulings. On June 29, 2011, the Sixth Circuit Court in Thomas More Law Center v. Obama concluded the individual mandate in PPACA is constitutional.2 It found the individual mandate is a valid use of Congress' power to regulate interstate commerce3 – a power granted by the Commerce Clause in the U.S. Constitution.4 The court reasoned that the act of foregoing health insurance is the practice of self-insuring because individuals without insurance, in the aggregate, do participate in the health care market.5 Thus, engaging in self-insurance is economic activity that Congress may regulate under its Commerce Clause power.6 The plaintiffs in Thomas More have filed a petition requesting U.S. Supreme Court review.7 The Supreme Court has not decided whether it will hear the case.
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