Supreme Court

Next Steps in the ObamaCare Legal Challenges


The Cato Institute's Ilya Shapiro has a handy primer/predictor for what's coming next in the various legal challenges to the Patient Protection and Affordable Care Act, including the most important question: When will the Supreme Court hear arguments? Here's part of his answer:

The earliest the Supreme Court could grant cert — on the existing petition out of the Sixth Circuit — is the moment after this blogpost goes live…. More realistically, it would be the week before the term opens for argument in October, right after the so-called long conference, when the justices review and rule on all the petitions that have come in over the summer. But they'll likely wait to get the Eleventh Circuit case because they'd probably rather hear from the 26 states (and their counsel, former solicitor general Paul Clement) than any other plaintiffs.

Read the rest here.

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  1. I would be shocked if the supreme court took on a PPACA case before the myriad cases wound their way through the various circuits. IANAL, but wouldn’t it be prudent to hear all objections concurrently? This is especially true if the first ruling upholds the legality but only specifically in the area where it is challenged?

  2. IA (also) NAL, but:
    “No stay of the Eleventh Circuit’s ruling is needed because the individual mandate doesn’t go into effect until 2014 and that’s the only provision that’s been struck down.”
    Since there’s a non-severability clause, doesn’t this mean the entire act is out absent a stay?

  3. OK wow, those guys are making a LOt of sense dude.

  4. 3 comments, and one from the anon-bot?!?!? I stayed just sober enough to type for that?????

    If only White Indian cared about ObamaCare.

    1. If only White Indian cared about ObamaCare.

      Hunter-Gatherers stay healthy by Play. They don’t need healthcare.

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  6. This is the perfect blog for anyone who wants to know about this topic. You know so much its almost hard to argue with you (not that I really would want…HaHa). You definitely put a new spin on a subject thats been written about for years. Great stuff, just great!

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