Petitions on Constitutionality of Health Care Mandate Arrive at the Supreme Court

The Solicitor General has filed this petition asking the U.S. Supreme Court to review the Eleventh Circuit's ruling that passage of the Affordable Care Act's insurance mandate exceeded Congress's power under the Commerce Clause. The SG's petition also suggests that the Court grant review on a second question not addressed in the Eleventh Circuit's ruling: whether the federal district court lacked jurisdiction over the case because it could not order relief under the Tax (anti-)Injunction Act, 26 U.S.C. 7421(a). The government originally raised that defense in the district court and lost on it, and the government did not raise the point on appeal. The SG now says that section 7421(a) does not bar the suit, but thinks the Court should grant review on that issue and appoint an amicus to make the argument that the government has now abandoned.

Also today, 26 states on the other side of the case filed this petition seeking review of portions of the Eleventh Circuit's ruling that are unfavorable to them, including the Eleventh Circuit's holding that the (assertedly unconstitutional) provision imposing the mandate is severable from the rest of the Affordable Care Act.

 

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