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Fourth Circuit upholds employer health insurance mandate
Posted By Sharon McCloskey On July 12, 2013 @ 11:01 am In Uncategorized | Comments Disabled
A three-judge panel of the 4th U.S. Circuit Court of Appeals  yesterday upheld the provision of the Affordable Care Act that requires employers with more than 50 employees to provide adequate health insurance for those employees or pay a penalty to the government.
The panel’s unanimous decision — by judges Diana Gribbon Motz, Andre M. Davis, and James A. Wynn, Jr. — was the first major ruling on the employer mandate’s constitutionality since the Supreme Court last year upheld the individual mandate  of the 2010 law. It comes just nine days after the federal government delayed implementation of the employer mandate until January 1, 2015.
Last year, in National Federation of Independent Business v. Sebelius , the Supreme Court upheld the individual mandate under Congress’s taxing power, but five of the Justices said that Congress could not pass that part of the law under its Commerce Clause powers. In Liberty University v. Lew (Treasury Secretary), though, the Fourth Circuit based its decision in favor of the employer mandate directly on those powers.
“We find that the employer mandate is no monster; rather, it is simply another example of Congress’s longstanding authority to regulate employee compensation offered and paid for by employers in interstate commerce,” the judges wrote.
Liberty University has the option of asking the full court to hear the case en banc, or seeking review at the Supreme Court.
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URL to article: http://pulse.ncpolicywatch.org/2013/07/12/fourth-circuit-upholds-employer-health-insurance-mandate/
URLs in this post:
 4th U.S. Circuit Court of Appeals: http://www.ncpolicywatch.com/2013/02/13/is-the-4th-circuit-veering-back-to-the-center/
 upheld : http://sblog.s3.amazonaws.com/wp-content/uploads/2013/07/Liberty-Univ.-ACA-4th-CA-7-11-13.pdf
 upheld the individual mandate: http://www.nytimes.com/2012/06/29/us/supreme-court-lets-health-law-largely-stand.html
 National Federation of Independent Business v. Sebelius: http://www2.bloomberglaw.com/public/desktop/document/Natl_Federation_of_Independent_Business_v_Sebelius_No_Nos_11393_1
 Supreme Court rejects another challenge to the Affordable Care Act: http://pulse.ncpolicywatch.org/2013/12/02/supreme-court-rejects-another-challenge-to-the-affordable-care-act/
 Fourth Circuit Judge Andre Davis to take senior status: http://pulse.ncpolicywatch.org/2013/10/03/fourth-circuit-judge-andre-davis-to-take-senior-status/
 U.S. Supreme Court agrees to hear contraception mandate case: http://pulse.ncpolicywatch.org/2013/11/26/u-s-supreme-court-agrees-to-hear-contraception-mandate-case/
 What the Supreme Court did (and didn’t) do on affirmative action: http://pulse.ncpolicywatch.org/2013/06/24/what-the-supreme-court-did-and-didnt-do-on-affirmative-action/
 Citizens United, the sequel: http://pulse.ncpolicywatch.org/2013/09/12/citizens-united-the-sequel/
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