Three-Member Panel Proposed For Healthcare

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The Three-Member Panel To Hear The Arguments

Chief Judge Joel Dubina and Circuit Judges Frank Hull and Stanley Marcus are selected to serve the eleventh Circuit Court of Appeals panel. The three-judge panel will review the strongest challenge until date associated with the federal healthcare overhaul. The three-member panel that is selected to hear the arguments between the government and twenty-six states comprises a jurist known to pick apart lawyers and an ex-federal prosecutor who has been instrumental in fighting organized crime.The Panelists

In 1983, Dubina first became a federal magistrate and was appointed to the eleventh circuit by President H. W. Bush by the year 1990. Although, he is recognized as the right member in the three-judge panel; however, many believe that he may not be as conservative as his other colleagues are. He will be joined by Hull and Marcus in the panel who were appointed by President Clinton in 1997. When Hull joined the Fulton County State Court bench in 1980, she was a partner with a prestigious law firm in Atlanta. After a four-year period, she was selected as a superior court judge. In 1994, she was elected to serve as a U.S. District judge and after three years selected to the appeals court bench. During the late 1970s, Marcus was a part of the team of an elite task force that fought against organized crime. Between 1983 and 1985, Marcus became the attorney in Miami where he oversaw thousands of cases. Later he worked as a federal judge in Florid for twelve years.

The Legal Battle

Georgia and twenty-five states are fighting to ask the appeals court to uphold the Florida court decision stating that the Congress cannot enforce a law where all Americans are required to be insured. The battle commenced last year when the twenty-six states filed a suit stating that such a requirement was unconstitutional. In the 31st January ruling, District Judge Roger Vinson agreed stating that the complete overhaul to the healthcare policy passed by the Democratic Congress and later signed by President Obama was unconstitutional.

The Verdict Till Date

Until now, the three federal judges have upheld the new law. Incidentally, the three federal judges are all Democratic appointees. However, Roger Vinson and another Virginia judge have ruled against the new law. The two judges are appointed by the Republicans. Judge Vinson ruling follows the reasoning of the Virginia judge who has struck down the mandatory insurance coverage required by the new bill. However, the ruling by the Florida judge invalidates the provision that range from Medicare discounts for senior citizens requiring high prescription medications expenses to the modification that enables adult children up to twenty-six years of age to continue on their parent’s insurance coverage.

The largest legal challenge between the government and the twenty-six states appears to be eventually decided by the country’s highest court. According to Roger Vinson, the proposed March ruling by the Supreme Court may ultimately be split on the overhaul of the healthcare rules.