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.

 

Comments

[marlborolights.co]

I would surely give 10 on 10 for such incredible content.
mail order cigarettes

[onlne cigarettes]

I guess this message is totally unparalleled.

[cheap cigarettes online free shipping]

hiiiiiiiiii
dear friend's i read your comment's and post's they are nice and effective but i want to know more about something if you tell me some more imfo. or data about this it's very nice to me and thank's a lot dear.............

[Cheap Online Pharmacy]

hello dear i don't agry with you because i thing this si totaly depend on us thats all dear thanx for this

[Paxil]

Great post. A 2008 NEJM article takes on exactly the issue that you are discussing and concludes: "the distributions of cost-effectiveness ratios for preventive measures and treatments are very similar — in other words, opportunities for efficient investment in health care programs are roughly equal for prevention and treatment, at least as reflected in the literature we reviewed