Friday, August 12, 2011

11th Circuit Court of Appeals Strikes Down Individual Mandate

POLITICO Breaking News
The 11th Circuit Court of Appeals has ruled that the health reform law's individual mandate is unconstitutional but that the rest of the law can stand.

For more information...

I will get ahold of the full opinion asap and then give you more info. Obviously, it's good that the rest of the law was upheld, although there are real questions about how the law can work without the individual mandate.

But perhaps the most important thing about this is that we now have a difference of opinion between the 6th Circuit, which upheld the law, and the 11th Circuit, which has now stricken down the individual mandate. A split between or among the Circuits is a basis for a petition for review to the Supreme Court. It's hard to imagine that this won't end up at the Supreme Court. Depending on the briefing and oral argument schedule, we could even have a decision by the end of the next term (June 2012). One way or another, this will be an issue in the 2012 Presidential election.

More later when I have more information. Jennifer

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