Looks like the healthcare reform law is going to the U.S. Supreme Court, wheeeeeeeeeee, with a possible decision on the case possibly set for 2012, when the next presidential election happens, which means politics won't enter into it at all, WHEEEEEEEEE.
The constitutionality of the 2010 health-care law could be determined by the Supreme Court this term, with a decision coming next summer in the thick of the 2012 presidential campaign.
The Justice Department said Monday evening that it had decided not to ask the full U.S. Court of Appeals for the 11th Circuit in Atlanta to take up the case. A three-member panel of the court last month decided 2 to 1 that Congress overstepped its authority in passing the Affordable Care Act, which requires virtually all Americans to obtain health insurance.
Although the department declined further comment, the logical next step for the Obama administration is to ask the justices to make what would be the final determination on the law’s fate.
Appeals courts that have considered the law are split.
In June, a divided panel of the U.S. Court of Appeals for the 6th Circuit in Cincinnati upheld the health-care law in a separate case.
Earlier this month, a panel of the U.S. Court of Appeals for the 4th Circuit in Richmond turned down a challenge to the law brought by the Commonwealth of Virginia and others.
The timing of how to respond to the loss in the Atlanta appeals court and when to seek Supreme Court consideration has prompted considerable political speculation about President Obama’s signature domestic achievement.