AAPS Defends Private Medicine in U.S. and Illinois Supreme Courts


We have been very, very busy the past ten days. 

Last Friday, the U.S. Supreme Court expressly mentioned AAPS in its cert grants on the challenges to an ObamaCare regulation based on the right to conscience. 

In addition, we have filed in not just one, but two Supreme Courts to save private medicine.

These efforts are made possible thanks to the past support of AAPS members and friends. Only with your continued help can we maintain this vital work.

Here’s a review of our two recent court filings:

Today our General Counsel filed a “Petition for Cert” with the U.S. Supreme Court to overturn ObamaCare based on the Origination Clause in the Constitution, Article I, Section 7, clause 1. That provision – please feel free to check it yourself – prohibits any revenue-raising measure that did not originate in the House of Representatives. ObamaCare fails that test.

An AAPS member had the courage to challenge the application to his medical practice of the employer mandate of the Affordable Care Act, better known as ObamaCare. His case has wound its way through the trial and appellate levels, and today we put it before the U.S. Supreme Court. Other lawsuits have challenged the individual mandate, but ours confronts the constitutionality of the employer mandate scheduled to kick in with $2,000+ per employee fines starting on New Year’s.

The enemies of medicine do not give up, but neither do we. ObamaCare is collapsing in the marketplace, new enrollments are anemic on the exchanges, and over half of the co-ops have gone belly-up despite taking billions in federal funding. Hopefully the Supreme Court will realize based on our filing that ObamaCare is also unconstitutional, and needs to be relegated to the trash heap of history.

Meanwhile, our other filing this month was in the Illinois Supreme Court, where we stood up for an AAPS member victimized by sham peer review and by court holdings that gave the hospital nearly complete immunity for wrongdoing. Only if a hospital commits physical violence against a doctor will the hospital be legally accountable to him for damages, the Illinois courts held.

That is when we stepped in, and filed a motion and accompanying amicus brief with the Illinois Supreme Court. There should not be any immunity for “willful or wanton” misconduct by hospitals against physicians. Actual violence against a physician (which has happened) should not be the only time that a physician can recover damages for injuries inflicted by a hospital.

Protecting private medicine, this is what we do for you. Your generous support makes this possible. Please make a tax-deductible contribution to the American Health Legal Foundation to help defray our expenses as we save our medical profession.

Time is running out for tax deductions in 2015, and our American Health Legal Foundation is fully recognized as a tax-deductible 501(c)(3) entity. Please be generous!

Thank you for your help!

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