Monday, November 14, 2011

Supreme Court Agrees to Hear Health Reform Challenge

The Court agreed to hear only the 11th Circuit challenge, which is the only one to have found the law to be invalid. The Supreme Court will rule both on the constitutionality of the individual mandate, and, if that portion of the law is unconstitutional, the Court will decide whether the rest of the law can stand without it. In addition, the Court will consider whether the expansion of Medicaid is constitutional, as well.

Interestingly, the Court also agreed to hear a threshold question of whether it is premature to decide the constitutionality of the law so long before the challenged provisions take effect.

More to come, for sure. Jennifer

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