http://www.modernhealthcare.com/article/20110908/NEWS/309079959?AllowView=VW8xUmo5Q21TcWJOb1gzb0tNN3RLZ0h0MWg5SVgra3NZRzROR3l0WWRMZmJYZjBKRWxiNUtpQzMyWmVpNTNzWUpibW8=In two opinions released at the same time, the 4th U.S. Circuit Court of Appeals in Richmond, Va., on Thursday handed President Barack Obama significant victories in the ongoing legal battle over the year-old Patient Protection and Affordable Care Act.
The appeals judges ruled that neither Liberty University, a Christian school in Virginia, nor the state of Virginia had standing to challenge the law that enacted one of the president’s signature domestic initiatives. The appeals court remanded both cases back to the trial courts with orders to dismiss for lack of subject matter jurisdiction.
The Virginia rulings become the third and fourth major appeals decisions on the ACA. Last month, 26 states won a critical victory in their fight against the law when the 11th U.S. Circuit Court of Appeals in Atlanta struck down as unconstitutional the law’s requirement that individuals purchase private health insurance. The ruling out of Atlanta followed the 6th U.S. Circuit Court of Appeals in Cincinnati, which upheld its constitutionality.
Experts say the Atlanta and the Cincinnati decisions created the classic split in the circuit courts that the U.S. Supreme Court looks for in deciding which cases it will take up for oral arguments.
The Cincinnati ruling has already been appealed to the high court, which has not yet decided whether it will take up the case. If the Supreme Court took the case in its upcoming session, observers say it could elevate the national discussion about health reform in 2012, when the president faces re-election.
Read more: Appeals court sides with White House on reform - Healthcare business news and research | Modern Healthcare
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