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Posted
September 30, 2011

ACA legal challenge likely heading to Supreme Court

On Wednesday the Obama administration formally asked the Supreme Court to review the Affordable Care Act, a move that likely means a ruling will be issued by next June (Source: “High court asked to review health-care law,” McClatchy Newspapers via Columbus Dispatch, Sept. 29, 2011).

There are several cases winding their way through the court system, but the Justice Department chose to appeal a recent 11th Circuit Court of Appeals ruling that the individual mandate is unconstitutional.

“The department has consistently and successfully defended this law in several court of appeals, and only the 11th Circuit Court of Appeals has ruled it unconstitutional,” the Justice Department said in a written statement. “We believe the question is appropriate for review by the Supreme Court.”

The plantiffs in the case (26 states, including Ohio) have already petitioned the Supreme Court to rule on the case.

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