Supreme Court Likely to Review Health Reform Law This Term
September 28, 2011The Obama Administration appears poised to ask the United States Supreme Court to hear the health reform lawsuit, Politico reported in its article, “Health reform lawsuit appears headed for Supreme Court.”
The Justice Department did not ask the 11th Circuit Court of Appeals to re-hear the case, in which a three-judge panel from the 11th Circuit ruled that the law’s requirement for individuals to purchase health insurance was unconstitutional. The administration’s choice not to ask the full Court of Appeals to review the case indicates that it will likely ask the Supreme Court to issue a ruling ; otherwise, the Court of Appeals’ decision will stand.
If the Supreme Court accepts the case, it will likely hear arguments during the 2011-12 term and issue a ruling by June 2012, prior to the 2012 presidential election. According to Politico, the Supreme Court has several reasons to take the case. For one, the Court typically accepts requests from the government to take a case. Furthermore, conflicting rulings on the law by various Courts of Appeals suggest a need for clarification and finality from the nation’s highest court.
By accepting the case, however, the Supreme Court risks entangling itself in a highly political and controversial issue and potentially galvanizing one political party on the eve of the 2012 presidential election, Politico reported.

