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Date: August 12, 2011
Contact: Dave Lemmon, Director of Communications
Robert Meissner, Deputy Director of Communications
Bryan Fisher, Press Secretary
202-628-3030

 

Court of Appeals Allows Affordable Care Act to Move Forward

11th Circuit Court of Appeals’ Ruling that the Individual Responsibility Provision is Unconstitutional Differs from the 6th Circuit Court of Appeals Decision

Today, in a split decision, the 11th Circuit Court of Appeals held that the individual responsibility provision in the Affordable Care Act (ACA) is unconstitutional. It also found that the expansion of Medicaid eligibility in the ACA is constitutional. The Court ruled that the remainder of the ACA can move forward toward implementation. The following is the statement of Ron Pollack, the Executive Director of the consumer health organization Families USA (which was a signatory on a friend-of-the-court brief supporting the ACA), to today’s developments:

“Today’s court ruling allows the Affordable Care Act to move forward. All of the provisions of the Act—save possibly for one, the personal responsibility provision—will be implemented in states across the country.

“On the personal responsibility issue, the appellate courts are now split.

“We are very pleased about two important facets of today’s decision. First, the court found that the states’ challenge to the Affordable Care Act’s expansion of Medicaid eligibility is specious and must be rejected.

“Most importantly, the court ruled that, aside from the individual responsibility provision, all other provisions of the Affordable Care Act may move forward toward implementation across the country.

“This decision means that the Supreme Court is likely to hear arguments about the constitutionality of the individual responsibility provision so that a decision can be rendered about the conflicting appeals court rulings.

“Meanwhile, as all other provisions of the health reform are implemented, families across the country will soon be able to gain access to high-quality, affordable health coverage and care.”

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Families USA is the national organization for health care consumers. It is nonprofit and nonpartisan and advocates for high-quality, affordable health care for all Americans.

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