Sep 26, 2011

Decision Time for the Department of Justice on PPACA Legal Battle

Posted by: Neal Stehly


Today marks an important deadline in the ongoing legal battle over the Patient Protection and Affordable Care Act (PPACA). The Obama administration must decide whether it wants to directly ask the Supreme Court to review the constitutionality of its signature health reform legislation or whether it wants to pursue an en banc review from the full 11th Circuit Court of Appeals to review its prior decision striking down the law’s individual mandate requirement. The case in question is the challenge being made by 26 states and the National Federation of Independent Businesses (NFIB). It is the largest and highest profile challenge to the health reform law, which has now seen three circuit courts rule in three different ways on the issue. The Justice Department must file the necessary paperwork by close of business if it plans to pursue the en banc review of the 11th Circuit’s decision. Read More

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