The U.S. Department of Health and Human Services and other government agencies have asked the 11th U.S. Circuit Court of Appeals to reverse a Florida federal court ruling declaring the Patient Protection and Affordable Act to be unconstitutional.
Lawyers at the U.S. Department of Justice have filed an appeal with the 11th Circuit from summary judgment orders issued by U.S. District Judge Roger Vinson.
Vinson, a judge in Pensacola, Fla., issued the orders in connection with State of Florida et al. vs. United States Department of Health and Human Services et al., (Case Number 3:2010-cv-00091-RV).
Vinson ruled in January that the Patient Protection and Affordable Care Act (PPACA), a major component of the Affordable Care Act package, is unconstitutional because the “minimum essential coverage” provision in the act, or individual health insurance ownership mandate, would regulate inaction, by requiring some individuals to take active steps to buy commercial health insurance, rather than simply regulating people’s actions.
Vinson granted a 7-day stay to the Obama administration last week. He made the stay contingent on the administration seeking a quick appellate court review.
The docket number for the appellate court case is 11-11021.