SF Appeals Court Tosses Challenge To Obama’s Health Care Plan

SAN FRANCISCO (CBS / AP) — A federal appeal court in California said a former state lawmaker and a legal foundation have no standing to challenge President Barack Obama’s health care plan.

The 9th U.S. Circuit Court of Appeals on Friday affirmed a lower court ruling tossing out the lawsuit filed in San Diego by Steve Baldwin and the Pacific Justice Institute.

Baldwin and the foundation alleged that a provision taking effect in 2014 requiring some to buy health insurance or pay a penalty is unconstitutional.

The court said neither can prove that they will be directly affected by the provision in 2014 and dismissed the lawsuit.

The San Francisco-based court’s ruled on the same day that a federal appeals court in Atlanta ruled in a similar lawsuit and found the insurance provision unconstitutional.

(Copyright 2011 by CBS San Francisco. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)


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