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Health Care Reform Likely On SCOTUS Fast Track

Health Care Reform Likely On SCOTUS Fast Track

 

The Obama administration decided against asking for further review by the entire 11th Circuit Court of Appeals of a panel’s earlier ruling that invalidated a portion of the Affordable Care Act. A ruling in August by a divided three-judge panel held that Congress overstepped its authority when passing the individual mandate. The decision makes it more likely that the Supreme Court will hear the case during the court’s term staring next month and render its verdict in the midst of the 2012 presidential campaign.

The 11th Circuit decision is at odds with a 4th Circuit ruling that dismissed similar challenges on the law as well as a ruling from the 6th Circuit Court of Appeals in Cincinnati that upheld the individual mandate in June. A U.S. Circuit Court of Appeals for the District of Columbia heard oral arguments over the law last Friday but has not issued a ruling yet.

In order to hear and decide the case by late June when the court’s term typically ends, the justices will need to accept a petition and schedule the appeal by about January. Typically appeals filed at the court take several months from the time of filing until the justices decide whether or not to hear it.

Had the Obama administration sought a further review from the 11th Circuit they would only be delaying the inevitable trip to the Supreme Court and given Republicans open season on speculating about how that ruling will go. Instead, they’ve decided to take their chances with a Court that has, in the past, been willing to recognize the very broad powers Congress holds to tax, spend and regulate interstate commerce. It’s a move that shows confidence in the law and in the rule of law, not to mention a degree of political swagger that seemed missing from this administration several months ago.

 

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29 comments

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9:35PM PDT on Oct 1, 2011

The Supreme Court justices had better be very careful.

It is one thing, to say you don't want something you have never had; but, it's another to be given something, and then have it taken away.

Many people are benefiting from the new healthcare policies, as we speak. If you really want to see an uproar in this country, see what happens when they lose what they have been given.

12:44PM PDT on Sep 29, 2011

Thank you Steve R, I couldn't have said it any better myself. You are absolutely right!

10:10PM PDT on Sep 28, 2011

Of course the Rs didn't vote for it. They wouldn't vote for ANYTHING. Thats the frikking problem. If they HAD understood the public option was best we wouldn't have this. INACTION doesn't make them blameless. It was all over the TV. The Rs filibustered it to hell and back. They wouldn't vote for ANY reform of any kind.

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robert h none of the gop voted for obmacare. the dems and obama could have voted anything they wanted into law and the gop couldn't stop they had the majority. this can't be blamed on the gop at all. you have to think your dems for it.

4:25PM PDT on Sep 28, 2011

Portland N.
11:52am PDT on Sep 28, 2011
@Steve R.

“Remember her dumb statement that we need to pass this bill so we can understand it?????”
I saw that Fox video. Well, maybe I should say I saw the Fox version of the video.
Then, when it passed, the bill consisted of 2,000 pages!!! I bet the actual bill alone consisted of only 100 pages—well, maybe a little bit more, but nowhere near a 1,000 pages.

I JUST LOOKED UP THE TEXT OF THE BILL. 906 pages including the title and signature pages. Seems pretty close to 1000 to me.

12:16PM PDT on Sep 28, 2011

robert h none of the gop voted for obmacare. the dems and obama could have voted anything they wanted into law and the gop couldn't stop they had the majority. this can't be blamed on the gop at all. you have to think your dems for it.

11:52AM PDT on Sep 28, 2011

@Steve R.

“Remember her dumb statement that we need to pass this bill so we can understand it?????”
I saw that Fox video. Well, maybe I should say I saw the Fox version of the video.
Then, when it passed, the bill consisted of 2,000 pages!!! I bet the actual bill alone consisted of only 100 pages—well, maybe a little bit more, but nowhere near a 1,000 pages.

10:47AM PDT on Sep 28, 2011

ALL HEALTH CARE IS SOCIALIZED ALREADY

The more people that are on an insurance plan the cheaper the premiums/copays will be, and the more widely it will be accepted.

It is because of WIDE BASE SOCIAL INVESTMENT that any of you are able to afford health care at all.

If you paid out of pocket for everything you would be bankrupt in no time.

BANKRUPT IN NO TIME.

All healthcare works this way including government health care which is what the Obama administration wants to put everyone on.

All the Obama administration is doing is saying "Hey, you want better health care? Well here's a health care plan that better than anything out there, and we can state that as a matter of fact because it's the same health care plan that all government workers are on (president, senators, governors, etc)."

Vote Democrat if you want cheaper/better healthcare.

10:14AM PDT on Sep 28, 2011

david…..the Health care industry wrote this law…….they are WILDLY happy. The REST of industry is who is MAJORLY unhappy.

10:11AM PDT on Sep 28, 2011

You convince Boener and Cantor the public option isn't socialism and we can get the public option blazingly fast.

10:09AM PDT on Sep 28, 2011

Steve…….we WANTED row public option. The republicans called it socialism and refused to even discuss it. Many corporations wanted the public option that why they petition the government to bring it up. They don't want the weight of this health care industry sucking their companies down. The Health Care Industry fought a strong and more well funded campaign to kill the public option. They won that war and they wrote the bill. This isn't Obama Care…….the health care industry wrote the bill.

Finally we agree on something. The public option would have been wayyyyyyy better than this piece of crap we were forced to accept by congress.

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