Professor Timothy S. Jost blogged a few days ago on the popular health policy blog, Health Affairs, about the U.S. Circuit Court of Appeals for the Fourth Circuit’s ruling on two cases, Virginia ex rel. Cuccinelli v. Sebelius and Liberty University Inc. v. Geithner, finding a lack of standing for the plaintiffs and dismissing the cases on jurisdictional grounds.
In the post, Prof. Jost describes the two cases that found themselves before the 4th Circuit and explains what the opinions mean. Both cases were decided on jurisdictional grounds, rather than on the merits, although two judges expressed the opinion that the minimum coverage requirement is constitutional. After explaining the two cases, Prof. Jost then outlines the potential paths forward and how ultimately, this issue will need to be decided by the Supreme Court.
