Legal News

U.S. Appeals Florida Ruling on Health-Care Law

By Ashby Jones

The Rajaratnam trial is a big deal, yes. And to be sure, folks are watching the Howrey situation very closely.

But so far as we can judge, the chattering (lawyer) classes (in and around Gotham, at least) have their eyes first and foremost on a different story: the constitutional challenge to the health care law. The story’s got it all: politics, personalities, stakes that couldn’t be higher, and a set of  fascinating constitutional questions.

The Supreme Court opinion settling the matter will be as much of a bombshell as any in recent memory.

It’s for that reason that we feel compelled to bring you at least brief mentions of even the smallest developments in the cases. Like this one:

The Justice Department on Tuesday appealed judge Roger Vinson’s January ruling that declared the new health-care law unconstitutional. The case will now move to the 11th U.S. Circuit Court of Appeals in Atlanta. Click here for the notice of appeal. (Briefing on the merits of the case will come later.) Click here for all LB coverage of the health-care challenges.

Vinson voided the law in January but stayed his ruling last week, conditioned upon the Obama administration’s appealing it within seven days. He also required the government to seek expedited appellate review.

Two other federal appeals courts, in Richmond, Va., and Cincinnati, are preparing to consider the constitutionality of the law late this spring. To date, three lower courts have found the law constitutional, while two have ruled the other way.

Full post as published by Law Blog - WSJ.com on March 09, 2011 (boomark / email).