Health Care Reform Law Likely Heading to U.S. Supreme Court

The Obama administration appealed a 2-1 ruling against the health care law by the Atlanta-based 11th Circuit U.S. Court of Appeals, likely setting the stage for a Supreme Court showdown.  The 11th Circuit held that the individual mandate to carry health insurance is unconstitutional.  Conversely, the 6th Circuit in Cincinnati, Ohio, held that the mandate is constitutional.  Earlier this month, the 4th Circuit in Richmond, Va., dismissed a challenge to the law on procedural grounds—finding that states and individuals did not have the right to sue over the law until the individual mandate takes effect in 2014. Circuit splits, such as this one, generally end with the Supreme Court considering the differences between the conflicting decisions.  Assuming the Supreme Court hears the case, a decision sometime next year—prior to the election—is probable. For more information, contact Jimmy Christianson at 202-547-5013 or christiansonj@agc.org.