Appeals court hears challenge to health care law
US Legal News
A conservative-leaning panel of federal appellate judges raised concerns about President Barack Obama's health care overhaul Friday, but suggested the challenge to it may be premature.
The arguments at the U.S. Court of Appeals in Washington over a lawsuit against Obama's signature domestic legislative achievement focused on whether Congress overstepped its authority in requiring people to buy health insurance or pay a penalty on their taxes, beginning in 2014.
But Judge Brett Kavanaugh, a former top aide to President George W. Bush who appointed him to the bench, said that he has a "major concern" that courts might not be able to rule on the law's constitutionality until 2015. That's because a federal law bars most challenges to tax-related legislation before the tax or penalty is paid.
A federal appeals court in Richmond cited that law in throwing out another challenge to the overhaul. Two other appeals courts have reached differing conclusions — one declaring the law unconstitutional and the other upholding it. The Supreme Court is expected to weigh in and could possibly even decide to review the law before the Washington circuit issues an opinion.
Related listings
-
W.Va. lawyer nominated to federal appeals court
US Legal News 09/09/2011President Barack Obama has nominated Hamlin native Stephanie Dawn Thacker as a judge on the 4th U.S. Circuit Court of Appeals. Thacker has been a partner in the Charleston law firm of Guthrie & Thomas since 2006. Before that she spent seven years...
-
Colombia court reinstates conviction in Galan hit
US Legal News 09/01/2011The Supreme Court on Wednesday reinstated the murder conviction of a former justice minister for masterminding the 1989 assassination of presidential candidate Luis Carlos Galan, a courageous foe of drug cartels. The court also reinstated the 24-year...
-
Court to hear appeal over medicating Loughner
US Legal News 08/30/2011An appeals court will hear arguments Tuesday over a request to permanently ban prison officials from forcibly medicating the Tucson shooting rampage suspect with psychotropic drugs. At issue in Jared Loughner's appeal before the 9th Circuit Court of ...
Grounds for Divorce in Ohio - Sylkatis Law, LLC
A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party
Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party
However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.