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  • D.C. Court of Appeals Upholds Health Care Reform Requirement

          The District of Columbia  Circuit Court of Appeals today upheld the health care reform law’s         requirement that nearly all Americans buy insurance by 2014 or face penalties.    This ruling comes   just days before the Supreme Court is expected to consider whether to take up the  issue. That decision could come as soon as Thursday, when the justices will hold a private conference to discuss what cases to take this term.

    The D.C. Circuit is now the second appeals panel to uphold the health reform law’s individual mandate. The law’s supporters are declaring victory because the opinion was written by a conservative judge, Laurence Silberman, who was nominated by former President Ronald Reagan. Silberman and Senior Judge Harry Edwards, who was nominated by former President Jimmy Carter, upheld a lower court ruling that the law was constitutional.  Judge Brett Kavanaugh, who was appointed by former President George W. Bush, dissented.

    The D.C. Circuit Court is the fourth appeals panel to consider a lawsuit challenging the health reform law. The 6th Circuit upheld the law, the 11th Circuit struck the mandate and the 4th Circuit ruled that the Anti-Injunction Act which says Americans have to pay a tax before they can challenge it in court barred it from ruling on the mandate until at least 2014.

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