By: Tommy Eden, Attorney
On December 13, 2010, a key coverage mandate imposed under the Federal Patient Protection and Affordable Care Act was found unconstitutional by a federal district judge in the Eastern District of Virginia in the case of Virginia v. Sebelius This key section requires individuals to maintain a minimum level of health care coverage starting in 2014 or face tax penalties. The Court found that Congress lacked the authority to compel individuals to purchase health insurance. However the Court did not rule that any other provisions are unconstitutional. Today the Department of Justice announced that it was appealing the Judge's ruling to the 4th Circuit Court of Appeals. Expect the Obama administration to quickly appeal then maybe off to the U.S. Supreme Court where the Act is expected to receive a chilly spring reception?
Common Sense Counsel: Virginia Attorney General Ken Cuccinelli and Federal Judge Henry Hudson are my new heros for all Alabama employers!
Tommy Eden is a Lee County native, an attorney with the local office of Constangy, Brooks & Smith, LLP and a member of the ABA Section of Labor and Employment Law and serves on the Board of Directors for the East Alabama SHRM Chapter. He can be contacted at firstname.lastname@example.org or 334-246-2901. Blog at www.alabamaatwork.com