Sixth Circuit asks health care challengers to explain why they can sue Zach Zagger at 10:27 AM ET
[JURIST] The US Court of Appeals for the Sixth Circuit [official website] has asked [order, PDF] challengers of the new health care reform law [text; JURIST news archive] to defend the legality of their participation in the case. The Thomas More Law Center (TMLC) [advocacy website] is challenging the constitutionality of the individual mandate which requires that all citizens purchase health insurance. The court asked the TMLC to file a 10-page brief addressing standing concerns and whether it is bringing a facial or as applied challenge to the health care law. The court wants TMLC to explain its injury in fact, having filed the challenge three years prior to the effective date of the health care and to explain what enforcement mechanisms the Internal Revenue Service (IRS) [official website] can even use to force compliance. It also wants to know if TMLC is bringing a facial challenge, because, if so, there is a higher standard they must meet. TMLC filed the appeal in December after a federal district court upheld [JURIST report] the health care law's constitutionality.
Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.