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Thursday, September 29, 2011

Courts - More on: Excellent background article on legal challenges to the Affordable Care Act

Updating this ILB entry from Sept. 26th, Adam Liptak reports in today's NY Times in a long story headed "Supreme Court Is Asked to Rule on Health Care." Some quotes:

WASHINGTON — The Obama administration asked the Supreme Court on Wednesday to hear a case concerning the 2010 health care overhaul law. The development, which came unexpectedly fast, makes it all but certain that the court will soon agree to hear one or more cases involving challenges to the law, with arguments by the spring and a decision by June, in time to land in the middle of the 2012 presidential campaign.

The Justice Department said the justices should hear its appeal of a decision by a three-judge panel of the United States Court of Appeals for the 11th Circuit, in Atlanta, that struck down the centerpiece of the law by a 2-to-1 vote. * * *

Also on Wednesday, two sets of plaintiffs who had won on the core issue in the 11th Circuit filed their own requests for Supreme Court review.

“Time is of the essence,” wrote Paul D. Clement, a former United States solicitor general who represents 26 states that are challenging the law. “The grave constitutional questions surrounding the A.C.A. and its novel exercise of federal power will not subside until this court resolves them.”

The 11th Circuit, in a decision issued in August, ruled that a part of law requiring the purchase of insurance — the so-called individual mandate — was an unconstitutional exercise of Congressional power.

According to a press release issued by Indiana AG Zoeller on Sept. 28th:
INDIANAPOLIS - Today 26 states including Indiana asked the United States Supreme Court to consider their legal challenge to the federal health care law.
See also this SCOTUSblog post from yesterday by Lyle Denniston.

Posted by Marcia Oddi on September 29, 2011 12:32 PM
Posted to Courts in general