WASHINGTON ? This week, the Obama administration decided not to ask the 11th Circuit Court of Appeals to re-evaluate a health-care case, which could mean it is looking to the U.S. Supreme Court to settle the matter, Politico reports. The high court could be deciding whether or not the health care reform law is constitutional during the middle of a next year?s presidential election.��
The Department of Justice will likely ask the Supreme Court to reverse an August ruling by three appeal court judges that found the requirement to purchase health insurance to be unconstitutional. The National Federation of Independent Businesses, several individuals and 26 states joined together to file the suit.
The Justice Department ignored Monday?s deadline to request the entire panel of judges in the 11th Circuit to re-hear the case, which means the decision stands unless the agency requests a high court ruling. The Justice Department has until November to file that petition.�
?This confirms what I had already concluded: That the government is confident that it?s going to prevail in the Supreme Court and would like to have a decision sooner rather than later,? said former acting Solicitor General Walter Dellinger, who worked on briefs in favor of the new law.
Most involved with the case expected that it would end up in the Supreme Court. Given the split on appeal court decisions relating to the health care reform law, the high court will likely accept the case.
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