WASHINGTON - The Obama administration Monday cleared
the way for the Supreme Court to decide in its 2011-12 term the
president's signature healthcare law that requires Americans to
buy insurance or face a penalty.
A Justice Department spokeswoman said it decided against asking
the full U.S. Appeals Court for the 11th Circuit to review the
August ruling by a three-judge panel of the court that found the
requirement unconstitutional.
The decision not to seek review by the full appeals court will
likely speed up consideration of the matter by the high court in
its 2011-12 term that begins next week. A ruling could come by
late June, in the middle of the presidential campaign.
The Supreme Court has long been expected to have the final word
on the legality of the individual mandate, a cornerstone of
President Barack Obama's healthcare law. A big uncertainty has
been over when the court would decide the issue.
The law's fate before the nine-member court, closely divided
with a conservative majority and four liberals, could come down
to two Republican appointees, Chief Justice John Roberts and
Justice Anthony Kennedy, legal experts have said.
The law, adopted by Congress in 2010 after a bruising battle, is
expected to be a major political issue in the 2012 elections as
Obama seeks another four-year term. All the major Republican
presidential candidates oppose it.
Obama, a Democrat, has championed the individual mandate as a
major accomplishment of his presidency and as a way to try to
slow soaring healthcare costs while expanding coverage to the
more than 30 million Americans without it.
The 11th Circuit appeals court, based in Atlanta, ruled by a 2-1
vote last month in favor of 26 states and others who challenged
the mandate for exceeding the power of Congress.
The Obama administration could have asked the full U.S. 11th
Circuit Court of Appeals to reconsider its decision. But that
could have pushed back any Supreme Court ruling to its 2012-13
term.
The 2-1 ruling ruling conflicted with other appeals courts that
have upheld the law or have rejected legal challenges, including
a lawsuit by the state of Virginia which was dismissed on
procedural grounds.
A U.S. appeals court based in Cincinnati ruled Congress had the
power to adopt the individual mandate, which takes effect in
2014. The losing side in that case, the Thomas More Law Center,
already appealed to the Supreme Court in July.
The administration has steadfastly maintained its belief that
the law will survive judicial scrutiny and be upheld by the
Supreme Court. The states that have challenged the law have
argued it went beyond Congress' authority to require coverage.
According to experts in a story on
Politico, the Supreme Court has several reasons to take up
the case. It's a high-profile case with the request coming from
the government; there have been split decisions between
appeals courts, specificically, the 6th Circuit Court of Appeals
upheld the mandate, while the 11th Circuit ruled it
unconstitutional and the 4th Circuit ruled it could not issue a
decision until 2014.
A decision in the middle of the 2012 presidential campaign has
huge risks for the president, with a ruling either way
galvanizing both parties.
The Justice Department did not explain its decision to go
straight to the high court, but the 11th Circuit has only five
of 11 judges appointed by Democrats and one them has already
ruled to strike down the mandate.
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