There are some creative means used to attack the federal healthcare reform law. The body of law is officially known as the Patient Protection and Affordable Care Act ("Act"). Those who attack the law often call it "Obamacare."
In a federal district court in New Jersey, an uninsured patient's alleged that he would have to purchase qualifying insurance or be subject to penalty. The court opinion states that the uninsured patient's claims were conjectural and speculative. Therefore the patient lacked standing to bring an action challenging the Act. Although the Act was certain in that it would take effect in the future, there was a real possibility that the patient would not have to pay for insurance, because he could obtain insurance through his employer. The patient's income may also mean that he may not have to purchase health insurance. Moreover, the uninsured patient was not suffering any immediate injury caused by the Act.
The case is: New Jersey Physicians, Inc. v. Obama, 2010 Westlaw 5060597
GREGORY CHANDLER, Attorney at Law
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