U.S. Fourth Circuit: May 2011 Archives
U.S. Fourth Circuit - The FindLaw 4th Circuit Court of Appeals Opinion Summaries Blog

May 2011 Archives

Last week, the 4th Circuit Court of Appeals ruled against several drug stores in a lawsuit brought by the West Virginia Attorney General, Darrell McGraw. As such, the drug retailers lost their bid to have their case heard by a federal court and instead, must have their action heard before the state court, under West Virginia law.

The defendants in the case include CVS Pharmacy, Kmart, Kroger, Wal-Mart, Walgreens and Target, who alleged that the claim as a "disguised class action," reports WOWK News.

The Obamacare lawsuits are before the 4th Circuit Court of Appeals this month, after conflicting decisions from lower courts. Now the question before the three-judge panel is the same that many courts have addressed: Is Obamacare unconstitutional?

According to CBS News, 31 lawsuits have been filed challenging the constitutionality of Obamacare. Nine such cases have been appealed, but the two Virginia cases are the first to reach the argument stage in a federal appeals court.

A three-judge panel has been reviewing two cases challenging the constitutionality of Obamacare. In a case brought by Liberty University, a private religious college in Lynchburg, the lower court ruled that Obamacare was constitutional. In a separate suit brought by Virginia Attorney General Ken Cuccinelli, the lower court ruled that Obamacare was unconstitutional.