White House Takes Health Care Reform To Supreme Court


On Wednesday the Obama administration asked the Supreme Court to hear an appeal from a three-judge panel of the 11th Circuit Court of Appeals. That court had struck down the individual mandate portion of the law in a 2-1 vote.

In a statement concerning the appeal the Justice Department said “Throughout history, there have been similar challenges to other landmark legislation, such as the Social Security Act, the Civil Rights Act and the Voting Rights Act and all of those challenges failed,” the statement continued.  “We believe the challenges to Affordable Care Act — like the one in the 11th Circuit — will also ultimately fail and that the Supreme Court will uphold the law.”

The decision came quickly once the administration decided it would not seek further review from the entire 11th Circuit. The petition to the Supreme Court was not due until November.

There is almost every indication that the court will hear the petition. There are conflicting federal appellate court rulings on the constitutionality of the legislation and all sides, including the federal government, agree that review is warranted.

What that means in terms of the scope of the court’s review is another matter. Among the issues before it to consider are whether or not several of the plaintiffs have standing to pursue the matter and whether or not the matter is ripe for review, not to mention the constitutionality of the individual mandate.

It also means that should the petition be heard, the issue will be heard and decided in the midst of the presidential race, bringing to focus the sharp political divides within every branch of government.

Related Stories:

Health Care Reform Likely On SCOTUS Fast Track


Photo from steakpinball via flickr.


Frances C.
Frances C6 years ago

I just returned from a two week trip to Europe. The people there love their health care, and their working conditions. Workers are treated with respect and not like the dirt on the bottom of the super rich people's shoes who want to beat workers down, and bust the Unions so they can have cheap labor which gives them more millions in bonuses.

Call, email, and write letters to the congress members who will not pass the President's job bill. Let them know that we are in a emergency, and don't have time to wait until they can "break the President" so they can take his job.

Wake up people! The Republican tea party toadies of the rich don't care about the working people. Don't vote against your own best interests. Vote Democrat!

Linda McKellar
Past Member 6 years ago

Disregarding the partisan bickering here, the US system is in shambles. I know so as a medical professional & one who has worked in both the US & Canada. The Canadian system works. Statistics & RESULTS, not to mention costs, prove it beyond a reasonable doubt. So much propaganda is spread about our system - ridiculous. I have ex-pat American neighbours who emigrated here & would never return to the US because the would never have received the health care they needed & deserved. They told me it was the best move they ever made! Those here who have tales of horror about our system NEVER respond when I question them eg Sandy E. I have MD friends who went to the US for more $ & returned as the system was so tied up in paperwork & stupidity.
Our system returns people as productive members to the tax paying work force, not to mention health & happiness, all without losing your home & life savings.
Get over the partisan stupidity & work together for all your sakes. Since when is it UNCONSTITUTIONAL to be happy & healthy?

Patrick F.
Patrick f6 years ago

Thanks Elizabeth, I have been tempted to leave this site several times but I see that we just have to be diligent and ignore the right-wing nut cases that come here to spam the entire comment section so that nobody reads ANY comments.

Sharon H.
Sharon H6 years ago

Just getting back here because of actually having a life out there...unlike the serial posters here. I just want to reply to Diane's comment that I personally attacked her. I repeated back to you your own words....so if that is a personal attack...then you attacked yourself.

Carlene V.
Carlene V6 years ago

SCOTUS will most probably deem it unconstitutional unless Thomas recuses himself as his wife is a bagger and has vocally opposed Health Care Reform. As he does not talk, it will be difficult to have him removed during this vote.

The CONS don't want Health Care Reform because they have a better plan? Yeh right! They don't want it because their insurance company pimps are telling them so.

Robert Hamm
Robert Hamm6 years ago

ahhhhhhhhhh The Dianne misinformation brigade is back.

The clip of Michelle has already been discussed here you are late to the show.

Actually I have enjoyed the peace and quiet. Large numbers of posts don't equal good content.

Dotti Lydon
Dotti L6 years ago

Yvette, I just answered your note, but never know if they go thru as my Care2 Messaging Service has not been working for a very long time. Please do send friend request.

Jim Gayden
Jim Gayden6 years ago

The so-called Obamacare is only flawed because he had to compromise with idiot republicans. Otherwise the idiot republicans would have stonewalled, just like they do with everything else that would potentially be beneficial for all of mankind.

Yvette S.
Past Member 6 years ago

I agree with Elizabeth K. and I am still waiting for Diane O.'s succinct and thoughtful reply as to her opinion on this article.

Elizabeth K.
Elizabeth K6 years ago

from Marianne C.

"The right has done this for years: they invade a liberal site, post offensive and insulting crap, and start fights for the sole purpose of hijacking the threads and the boards. They want to disrupt and prevent intelligent discussion among people who agree with one another, but not with them. They think that if they can just hijack enough threads, theirs will be the only opinion that reaches the public. They’ve even PAID people to attack progressive sites to post attacks and disrupt conversations.

There has been a concentrated, deliberate effort to "overturn" liberal message boards with enough right-wing blather that they can no longer be, as intended, liberal. What we see here in many threads is an example of how it works.

However, since actually taking over this site and its threads and turning them to the right has not been successful, they switch to Plan B, which is to just prevent real discussion by posting attacks and insults in the hope of getting a fight started…"

Scroll down and read the rest of her post, it is well worth it.