Justice Department does not seek full appeals court review clearing path for high court to decide health law's constitutionality next summer

Sep 28 2011

The Obama administration announced Monday that it won't press for an en banc appeal to the 11th Circuit Court of Appeals. Such an action would have delayed the legal process and likely pushed back the timing of a final Supreme Court decision until at least 2013.

Los Angeles Times: Supreme Court Could Rule On Health Care Law Early Next Year
The Obama administration set the stage Monday for the Supreme Court to rule early next year on the constitutionality of the president's health care law by declining to press for a full appeal in a lower court. The Justice Department announced it will forgo an appeal to the full U.S. 11th Circuit Court of Appeals in Atlanta. Such an appeal to the 11-member court could have taken months and delayed a final decision from the high court until at least 2013 (Savage, 9/26).

The Washington Post: Decision On Health Care Law Means Supreme Court Will Likely Determine Constitutionality Next Summer
The Justice Department said Monday evening that it had decided not to ask the full U.S. Court of Appeals for the 11th Circuit in Atlanta to take up the case. A three-member panel of the court last month decided 2-1 that Congress overstepped its authority in passing the Affordable Care Act, which requires virtually all Americans to obtain health insurance. Although the department declined further comment, the logical next step for the Obama administration is to ask the justices to make what would be the final determination on the law's fate. Appeals courts that have considered the question are split (Barnes, 9/26).

The Wall Street Journal: Health Law Path To High Court Clears
The Justice Department on Monday declined to ask a U.S. appeals court in Atlanta to reconsider its August ruling that declared part of last year's federal health care overhaul unconstitutional, a move that sets the stage for the Supreme Court to weigh in. Department spokeswoman Tracy Schmaler confirmed that the agency didn't ask the Atlanta court for reconsideration. She declined further comment (Kendall, 9/27).

Politico: Health Reform Lawsuit Appears Headed For Supreme Court
The Justice Department is expected to ask the court to overturn an August decision by a panel of three judges in the 11th Circuit Court of Appeals that found the law's requirement to buy insurance is unconstitutional. The suit was brought by 26 states, the National Federation of Independent Business, and several individuals. Opponents of the law had expected the government to ask for the so-called en banc hearing to delay a ruling by the Supreme Court (Haberkorn, 9/26).

The New York Times: Full Appeals Court Won't Be Asked To Rule On Health Care Law
The Justice Department announced on Monday that it would not ask the full Court of Appeals for the 11th Circuit to reconsider a three-judge panel's ruling against the 2010 health care law (Sack, 9/26).

The Associated Press/USA Today: Administration Won't Appeal Health Care Ruling
The administration's decision makes it more likely that the U.S. Supreme Court would hear a case on the health care overhaul in the court's term starting next month, and render its verdict on the law in the midst of the 2012 presidential election campaign. Justice Department spokeswoman Tracy Schmaler disclosed the administration's decision. She declined to elaborate on next moves (9/27).

National Journal: Administration Lets Case Go Forward Against Health Reform Law
The Obama administration said Monday it will not seek an unusual review of one of several challenges to its signature health reform law, allowing the case to proceed naturally, and likely to the Supreme Court. A three-judge panel in the 11th U.S. Circuit of Appeals in Atlanta ruled 2-1 in August against the law's requirement that people buy health insurance, saying it was unconstitutional. It was the first appellate court to find the insurance requirement violates the constitution, but at least three major suits against the health care law have been widely expected to go to the Supreme Court for a final decision. The Department of Justice did not request an "en banc" review of the case, which would have required all of the judges on the 11th Circuit to review the case. An en banc review could have delayed expected Supreme Court consideration of the case, but it was not clear that the 11th Circuit would have granted the administration an en banc review in the first place (McCarthy, 9/26).

The Hill: White House Won't Seek To Delay High Court Health Care Review
The Obama administration opened the door Monday for the Supreme Court to decide the constitutionally of the health care law before the next election. It opted not to seek a delay in the legal process, leaving little doubt that the court will rule on President Obama's controversial legislation just months before he faces voters. A three-judge panel of the 11th Circuit Court of Appeals ruled in August that the health care law's individual coverage mandate is unconstitutional. The Justice Department declined to ask the full 11th Circuit to review the decision, clearing the way for a petition to the Supreme Court (Baker, 9/26).

Bloomberg: Obama Lawyers Signal Likely Supreme Court Appeal On Health Care
The Obama administration signaled it will seek U.S. Supreme Court consideration of the landmark health care overhaul in a move that may lead to a ruling in the middle of the 2012 presidential race. The Justice Department said yesterday it will forgo further review at the federal appeals court that declared the law unconstitutional in August. The administration has until mid-November to file an appeal with the Supreme Court (Stohr and Litvan, 9/27).

ABC News: DOJ Speeds Path Of Health Law To Supreme Court
The Obama administration said today that it would not appeal its health care loss to the full court of the 11th Circuit Court of Appeals. The decision means the administration will appeal the decision directly with the Supreme Court, increasing the likelihood that the high court could decide the issue before the next presidential election. The 11th circuit is the only appeals court so far that has struck down the individual mandate. The 6th Circuit upheld the mandate and the 4th Circuit dismissed two challenges on jurisdictional grounds. The D.C. circuit heard a challenge last Friday (De Vogue, 9/26).

Reuters: Obama Health Care Law Headed For Supreme Court
The Obama administration on Monday cleared the way for the U.S. Supreme Court to decide in its 2011-12 term the president's signature health care 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 (Vicini, 9/26).