Given the circuit split (different circuit courts reaching different conclusions as to the constitutionality of the so called “Affordable Care Act”) which has previously been mentioned by various of the bloggers here, it was virtually certain that the Supreme Court would have to take up the issue. The only real question was when and which of the various challenges would be heard.
By Paige Winfield Cunningham
The Washington Times
The Supreme Court said Monday it will take up challenges to President Obama’s health care law next year, setting the stage for a ruling on the president’s trademark achievement amidst his bid for reelection.
Out of multiple lawsuits filed against the Affordable Care Act, the justices chose a case brought by 26 states and the National Federation of Independent Business (NFIB) challenging the law’s individual mandate that requires Americans to purchase health insurance and its dramatic expansion of Medicaid.
Also of interest will be the Supreme Court’s take on severability, as the bill that had to be passed before it could be read failed to include a severability clause, thus subjecting the whole to being overturned if any part is overturned.
Five and a half hours of oral argument (unprecedented in the modern era) are scheduled for March of 2012, with a ruling anticipated by June of 2012.