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Monday, September 26, 2011
Courts - Excellent background article on legal challenges to the Affordable Care Act [Updated]
Here it is, as the first article in a new series for the revamped SCOTUSblog, titled "SCOTUS for law students: Health-care litigation." The author is Stephen Wermiel. And don't be fooled, it is a good overview for anyone not immersed in the issue.
The article ends with speculation as to when the Supreme Court will hear the issue. As it happens, another story today, this one by LA Times law reporter David G. Savage, looks at that question in depth, under the heading "Obama administration must make risky healthcare decision: White House lawyers could try to speed up or slow down the process of seeking to have the Supreme Court decide on the constitutionality of the president's healthcare law."
[More at 6:30 pm] Lyle Denniston of SCOTUSblog is now reporting in an entry that begins:
The Obama Administration, opting not to try to slow down the pace of a major case on the constitutionality of the new health care law, passed up a chance Monday to get the Eleventh Circuit Court to reconsider its decision nullifying the law’s most crucial provision. That was the word being passed out quietly by the Justice Department on Monday afternoon, sources in Washington said. The decision enhances the possibility that the case could reach the Supreme Court in time for a ruling during the current Term — just months before a presidential and congressional election.[Updated on 9/28/11] Dahlia Lithwick of Slate has this column dated Sept. 27, headed "Unappealing: The Supreme Court is less interested in ruling on Obama's health care law than you think."
Posted by Marcia Oddi on September 26, 2011 04:48 PM
Posted to Courts in general