On November 8, 2011, the D.C. Circuit Court of Appeals upheld the individual mandate provision of the Affordable Care Act (ACA) as constitutional. The opinion, authored by Judge Silberman, is the fourth appellate court ruling on the ACA and the second to uphold the law. Recall that the 6th Circuit also found the mandate constitutional in June. The 11th Circuit has declared the individual mandate unconstitutional, and the 4th Circuit has stated that the Anti-Injunction Act is a bar on its ruling until 2014. The Justice Department has already petitioned for review of the 11th Circuit decision by the Supreme Court. According to observers, the growing split among appellate decisions makes it increasingly likely that the Court will consider taking on this issue during the fall term.
10 Nov '11