Tuesday, September 27, 2011

Health reform lawsuit appears headed for Supreme Court

Perhaps we will get a ruling prior to the November 2012 elections. One of my concerns with the lack of speed in this process is that Obama might have had another chance to fill a possible vacancy in the Court. That is less likely with this faster track to the Supreme Court. It is still not certain how the Court will rule, so it is imperative that control of both houses of Congress and the Presidency be captured by the Republicans in 2012.

The Obama administration chose not to ask the 11th Circuit Court of Appeals to re-hear a pivotal health reform case Monday, signaling that it’s going to ask the Supreme Court to decide whether President Barack Obama’s health reform law is constitutional.

The move puts the Supreme Court in the difficult position of having to decide whether to take the highly politically charged case in the middle of the presidential election.

The Justice Department is expected to ask the court to overturn an August decision by a panel of three judges in the 11th Circuit Court of Appeals that found the law’s requirement to buy insurance is unconstitutional. The suit was brought by 26 states, the National Federation of Independent Business, and several individuals.

Since the ruling, the Justice Department had until Monday to ask the entire 11th Circuit to review the case. Administration lawyers didn’t file the paperwork by the 5 p.m. deadline, so the ruling would stand unless the Justice Department asks the Supreme Court to step in.

The petition isn’t due until November, and the administration could get an extension.

Read full POLITICO article here.

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