Many people are not surprised to see the fight to undo Obamacare has headed to the appellate level of the United States court system. This began in October 2010, when a Detroit district court approved the government's motion to dismiss a lawsuit that was filed by the Thomas More Law Center and four separate people. The judge in the case agreed with the argument presented by the government that the Commerce Clause gave the federal government power to mandate individuals purchase health insurance because not doing so would have a major effect on interstate commerce.

The plaintiffs in the case did not agree with the ruling and filed an appeal through the United States Court of Appeals for the Sixth Circuit, and Cato. Cato Senior Fellow and Georgetown Law Professor Randy Barnett, also submitted a brief in support of the appeal as well.


This particular case is not the only case involving the fight over Obamacare to head to a higher level of the judicial system. The plaintiffs listed in the Liberty University v. Geithner case have also filed for an appeal. It is expected that the current Virginia case will also be appealed and head to a higher level of court due to the fact that the defendant was displeased with the ruling.

In addition to these cases pursuing justice through the appellate court system, it is important to note that there are several other pending cases that should be monitored for their verdicts. One such case is Florida v. DHHS, which will be quite interesting for everyone concerned with the current string of health care lawsuits. The judge in this case is expected to rule quite soon, possibly in January of 2011. This ruling will have a major impact on how future cases are handled as well as the future of health care in America.