ACA Battle Headed to Supreme Court

Week of October 3, 2011
Appeals filed last week by the U.S. Department of Justice, a number of states and a business group make it all but certain that the U.S. Supreme Court will decide constitutional questions related to the Affordable Care Act (ACA) next year before the presidential elections. Last week the Justice Department filed a petition formally asking the Supreme Court to promptly consider the constitutionality of the ACA by reviewing the 11th Circuit Court of Appeals’ prior ruling. The Department is appealing a decision by a three-judge panel of the U.S. Court of Appeals in Atlanta holding that the ACA’s requirement that all Americans purchase health insurance is unconstitutional. Lawyers for 26 states challenging the ACA also pressed the court to hear the case speedily, as did the National Federation of Independent Businesses (NFIB). While the Justice Department wants the high court to uphold the constitutionality of the health care law, the states and NFIB want the court to strike down the entire law, not just the individual mandate. Federal court decisions on the constitutionality of the law so far have been split.
Exerpt from Aetna’s Health Reform Weekly Oct 3, 2011

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