Administration Appeals 11th Circuit Decision

John GarnerDMEC News

The Obama Administration has appealed to the U.S. Supreme Court to rule on the constitutionality of health care reform.  As we previously reported, the 11th U.S. Circuit Court of Appeals in Atlanta upheld a federal judge’s ruling in Florida that the individual mandate in the national healthcare law is unconstitutional.  The court also struck down part of the lower court’s decision in that the judge in Florida ruled that because the individual mandate was unconstitutional, the entire law should be struck down; however, the 11th Circuit panel disagreed and found that the rest of the law could stand. Because part of the ruling was struck down, 26 states and the National Federation of Business, who brought the case have also appealed to the Supreme Court.

 

The 6th Circuit previously ruled that the individual mandate is constitutional.  The parties that brought that suit have also appealed to the Supreme Court.  These appeals and the conflict between the circuits sets the stage for the U.S. Supreme Court to decide the issue in their term that begins in October, with a ruling by next June.  It is highly unlikely that the Supreme Court will refuse to hear the case.

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