Fourth Circuit throws out challenge to ACA…

Earlier today, the Fourth Circuit U.S. Court of Appeals dismissed two challenges to the Affordable Care Act, one by Virginia Attorney General Cuccinelli, and another by Liberty University, both on the lack of standing. Here’s a copy of the full opinions here and here.

For those keeping score at home about the legal threats to the federal health law, NHELP did a useful count: “Appellate track record to date: Of the circuits that have decided ACA constitutional challenges (3d, 6th, 9th, 11th), only the 11th Circuit has decided (in a 2-1 opinion) that the individual mandate is unconstitutional. All other courts have either dismissed the case for lack of standing or found the ACA to be constitutional. Attention now focuses on the DC Circuit Court of Appeals and the 8th Circuit, where cases are working their way through.”

So of four cases of the ACA, three uphold the law or dismiss the challenge, and the split decision by the final strikes down just one provision of the law as unconstitutional.

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