Physicians' Group Files Amicus Brief, Says Courts Can't Strike Coverage Mandate Without Striking Entire Reform Law - Becker's Hospital Review

Physicians’ Group Files Amicus Brief, Says Courts Can’t Strike Coverage Mandate Without Striking Entire Reform Law

The Association of American Physicians and Surgeons has filed an amicus brief with the Supreme Court arguing the high court should strike the Patient Protection and Affordable Care Act in its entirety, rather than strike the individual mandate, as was done by the Eleventh Circuit Court of Appeals in Atlanta, according to an AAPS news release.

The association said the decision to strike the mandate but uphold the rest of the law by a three-judge panel in a case brought by a small business group and 26 state attorneys general was “incorrect” as it provides line-item veto power to the judicial branch.

“Severance of the individual mandate represents judicial activism at its zenith. It allows the courts to have a judicial line-item veto and to determine the content of a law after it has been enacted,” wrote the association in the brief.

Physicians’ Group Files Amicus Brief, Says Courts Can’t Strike Coverage Mandate Without Striking Entire Reform Law

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