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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Photo from steakpinball via flickr.

34 comments

Carl R
Carl R2 months ago

Thanks!!!

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Glennis W
Glennis W2 months ago

Very informative Thank you for caring and sharing

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Glennis W
Glennis W2 months ago

Great information and advice Thank you for caring and sharing

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Glennis W
Glennis W2 months ago

Very interesting article Thank you for caring and sharing

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Charlene Rush
Charlene Rush5 years ago

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.

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Suze O.
Suze Q5 years ago

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

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Robert Hamm
Robert Hamm5 years ago

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.

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David Anderson
David Anderson5 years ago

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.

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Billie C.
Billie C5 years ago

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.

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Portland Neola
P. L. Neola5 years ago

@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.

SEND