Tuesday, August 16, 2011

Health reform law headed for Supreme Court following split Appeals Court rulings

On Friday August 12th, the three-judge panel of the US Court of Appeals for the 11th Circuit ruled by a 2-1 vote that the individual mandate in the Affordable Care Act is unconstitional.  This decision comes on the heels of the 6th Circuit Court's ruling on June 29th, which found the individual mandate constitutional and a valid exercise of power under the Commerce Clause of the US Constitution.

As the courts are now split on this issue, it will most likely be headed to the Supreme Court, perhaps as early as next session.  President Obama says he is confident the Supreme Court will uphold the individual mandate as long as the justices follow existing laws and precedents.  However, there is some speculation that the Obama administration will attempt to delay a Supreme Court ruling on the case until after the 2012 election.

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