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 This material may not be published, broadcast, rewritten, or redistributed.)

Comments (2)
  1. jim Bob Duggar says:

    The solution is simple, vote Obama and fellow socialist i mean democratic senators out. The house already passed legislation overturning obamacre. It doesn’t take affect until 2014 because it would guarantee a loss in 2012 if it came into play earlier. Given the exceptionally poor leadership the man has demonstrated and causing the credit to be downgraded for the first time in history, anything has to be better than Obama. Lets just hope whoever kicks him out of the white house in 2012 will have the spine to overturn the appalling legislation. This is not surprising given the ninth circuit which is biased to the left, and frequently is political in their rulings, what a joke of a court!

  2. PLW says:

    Suprise, suprise! The most Liberal Appeals Court in America (San Francisco)… They legislate from the Bench……. The Ninth Circuit Court is a JOKE, just like the City Representatives of San Francisco.

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