Lawyers for the Obama administration face the risky choice of skipping a possible full review of an Atlanta appeals court decision that declared the individual mandate unconstitutional as President Obama continues his campaign for a 2012 re-election, according to an LA Times report.
The Justice Department will decide today whether it will ask the U.S. 11th Circuit Court of Appeals in Atlanta to conduct a full review of its 2-1 decision ruling the individual mandate unconstitutional. Obama administration lawyers then face the possible dicey decision of opting out of the full lower court review in order to speed up an appeals hearing that could come directly before the Supreme Court as early as this fall.
If the Obama administration's lawyers choose to go along with the full lower court review, the appeals may not reach the high court until 2013. The decision is a risky one for the Obama administration, which is fighting for a 2012 re-election, according to the report. An early Supreme Court ruling favoring President Obama's healthcare reform law could boost campaign efforts just before the election. On the other hand, a high court decision that the law is unconstitutional could prove detrimental. The GOP has made President Obama's healthcare reform law a centerpiece in its efforts to take over the presidential election.
Three appellate courts have already heard challenges to the healthcare reform law. While the Atlanta appeals court declared the individual mandate unconstitutional in August, a Cincinnati appeals court in June upheld the reform law. Meanwhile, a Virginia appeals court dismissed the challenge on the grounds that the insurance mandate does not pose any obligations on the state itself.
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The Justice Department will decide today whether it will ask the U.S. 11th Circuit Court of Appeals in Atlanta to conduct a full review of its 2-1 decision ruling the individual mandate unconstitutional. Obama administration lawyers then face the possible dicey decision of opting out of the full lower court review in order to speed up an appeals hearing that could come directly before the Supreme Court as early as this fall.
If the Obama administration's lawyers choose to go along with the full lower court review, the appeals may not reach the high court until 2013. The decision is a risky one for the Obama administration, which is fighting for a 2012 re-election, according to the report. An early Supreme Court ruling favoring President Obama's healthcare reform law could boost campaign efforts just before the election. On the other hand, a high court decision that the law is unconstitutional could prove detrimental. The GOP has made President Obama's healthcare reform law a centerpiece in its efforts to take over the presidential election.
Three appellate courts have already heard challenges to the healthcare reform law. While the Atlanta appeals court declared the individual mandate unconstitutional in August, a Cincinnati appeals court in June upheld the reform law. Meanwhile, a Virginia appeals court dismissed the challenge on the grounds that the insurance mandate does not pose any obligations on the state itself.
Related Articles on Healthcare Reform Challenges:
Court of Appeals Dismisses Virginia Attorney General's Challenge of Health ReformU.S. Court of Appeals Rules Obama's Insurance Mandate Unconstitutional
Supreme Court Asked to Hear First Healthcare Reform Challenge