CNSNews.com - Appeals Court Fast-Tracks Obamacare Challenge

By Dan Joseph

(CNSNews.com) - A federal appeals court has cleared the way for a legal challenge to Obamacare to be put on a fast-track through the appeals courts -- on its way to the U.S. Supreme Court.

This decision will expedite the legal process that is necessary for federal courts to rule on the legislations constitutionality.

Last Thursday, the U.S. Court of Appeals for the District of Columbia Circuit granted a motion by The American Center for Law and Justice (ACLJ) to fast-track an appeal of a decision by a federal district court in February that dismissed its lawsuit against Obamacare.

In the lawsuit, the ACLJ argued that that Congress did not have the power under the Constitution to require Americans to purchase health insurance and that the mandate also violated the Religious Freedom Restoration Act of 1993.

In February, U.S. District Judge Gladys Kessler rejected the lawsuit, ruling that the government had the right to regulate health care under the Constitutions Commerce clause. The judge also ruled that religious objections to the bill were too minor of an issue to require invalidation of the law and that even if it does place a substantial burden on a few followers of certain religious beliefs, those beliefs are overridden by the compelling government interest in a health care mandate.

In an interview with CNSNews.com, ACLJ Senior Counsel Ed White explained that Thursdays ruling allowing for an expedited appeal of Kesslers ruling will ensure that the Supreme Court will hear the case before Obamacare is completely implemented.

The case is now on an expedited process through the court of appeals, rather than the normal process, which can take months before you even get to (file) your brief and months and months -- and sometimes even up to a year -- before theres oral arguments, said White. . . .

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