The U.S. Chamber of Commerce became the latest group urging the Supreme Court to review President Obama’s health care overhaul. But unlike the other challenges, the chamber refused to take a position on the constitutionality of the law, arguing instead that what the court should do is decide if health care reform can survive at all should the court find the individual mandate unconstitutional.
The Supreme Court could decide as early as Nov. 10 whether it will take up review of the law this term. Should the court decide to take the case up during the November term it would likely announce that decision on November 14th.
A Supreme Court review of the Affordable Care Act is not an “if” proposition but a “when” proposition. When the court decides to hear the case it will need to decide whether to review one of the six pending requests for review or consolidate those cases.
The justices will also need to decide who will hear the review. Challenges to Justice Elana Kagan hearing a review have already been defeated, and Justice Thomas remains resolute that he will hear a review despite the fact that his wife was a lobbyist against the bill. No matter when review does happen it is sure to be a political lightening rod for those already frustrated with the direction and lack of transparency by the court. And that means that any decision, absent unanimity, will be seen as a political decision more so than a legal one.
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