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Supreme Court Will Hear Challenge to ACA

The Supreme Court will hear a challenge to the Patient Protection and Affordable Care Act (ACA), the Court announced today. The Court decided to review three of the five appeals before it, including the U.S. Court of Appeals for the Eleventh Circuit’s decision, which struck down the insurance mandate in a divided three-judge panel.

The Supreme Court will address the following issues:

  • The constitutionality of the insurance mandate;
  • Whether some or all of the ACA must fail if the insurance mandate is struck down;
  • The constitutionality of the Medicaid program expansion; and
  • Whether the Anti-Injunction Act bars some or all of the challenges to the ACA.

The cases will not be grouped together. However, the Supreme Court scheduled 5½ hours for oral argument on the above issues, to be held in March 2012. The time allotted for oral argument appears to be a record, with the closest case, a 2003 case involving the constitutionality of campaign finance law, being allotted 4 hours for oral argument.

The Health Law team at von Briesen will continue to monitor and report on the progress of the ACA challenge, including oral argument and the Supreme Court’s decision, which is expected late in June 2012.

©2020 von Briesen & Roper, s.cNational Law Review, Volume I, Number 318


About this Author

von Briesen & Roper’s Health Law Section provides comprehensive legal services to the health care industry nationwide as both general counsel and special project counsel. Our clients include integrated delivery systems, academic medical centers, community hospitals, Catholic-sponsored hospitals, rural and critical access hospitals, imaging centers, physicians and multi-specialty clinics, specialty hospitals, ancillary suppliers, home health agencies, nursing homes, hospices, assisted living facilities, mental health and AODA facilities, DME suppliers, laboratories,...