On September 28, 2011, the U.S. Department of Justice (DOJ) petitioned the Supreme Court to decide the constitutionality of the individual insurance mandate in the Affordable Care Act (ACA). The DOJ is petitioning for review of the 11th Circuit decision issued by a three-member panel on August 12, 2011, which struck down the individual insurance mandate as unconstitutional under the Commerce Clause while upholding the remainder of the ACA. DOJ petitioned the Supreme Court in lieu of requesting a hearing by the 11th Circuit en banc, and well in advance of the 90-day deadline for appeal. The effect of the DOJ’s timing, should the Supreme Court accept the petition, will be to push the decision in advance of the 2012 Presidential election. Twenty-six states have filed a joint petition for certiorari requesting that the entire law be struck down.
05 Oct '11