Virginia Judge Dismisses Health Care Lawsuit

by Amanda Griffin-Johnson Earlier today in Lynchburg, Virginia, District Court Judge Norman Moon dismissed Liberty University’s health care lawsuit on its merits. Judge Moon ruled that the plaintiffs, Liberty University and two individuals, “had standing to assert their constitutional claims against the individual and employer mandates in the health care law,” but “Congress acted in accordance with its constitutionally delegated powers under...

by Amanda Griffin-Johnson

Earlier today in Lynchburg, Virginia, District Court Judge Norman Moon dismissed Liberty University’s health care lawsuit on its merits. Judge Moon ruled that the plaintiffs, Liberty University and two individuals, “had standing to assert their constitutional claims against the individual and employer mandates in the health care law,” but “Congress acted in accordance with its constitutionally delegated powers under the Commerce Clause when it passed the employer and individual coverage provisions” of the Patient Protection and Affordable Care Act (PPACA). Judge Moon continued:

Nearly everyone will require health care services at some point in their lifetimes, and it is not always possible to predict when one will be afflicted by illness or injury and require care. The “fundamental need for health care and the necessity of paying for such services received” creates the market in health care services, of which nearly everyone is a participant…Regardless of whether one relies on an insurance policy, one’s savings, or the backstop of free or reduced-cost emergency room services, one has made a choice regarding the method of payment for the health care services one expects to receive. Far from “inactivity,” by choosing to forgo insurance, Plaintiffs are making an economic decision to try to pay for health care services later, out of pocket, rather than now, through the purchase of insurance.”

This dismissal on merits sets up the lawsuit for immediate appeal to the Fourth Circuit Court of Appeals, which will focus on the Commerce Clause challenge and other constitutional challenges.

In a press release, the Founder of Liberty Counsel, Matthew D. Staver, stated: “I am confident that the federal health care law will eventually be struck down on appeal because it is unconstitutional. Congress does not have the authority to force every American to purchase a particular kind of health insurance product. I am pleased the federal court found that Liberty University and the private plaintiffs have standing to pursue this claim. The court’s ruling on the merits of the Commerce Clause, while wrong now, puts the case on a fast track to the federal court of appeals. This ruling will expedite a final resolution of the case.”

You can learn more about other federal health care lawsuits here.