News in the Health Care Reform Law

The Obama administration and challengers of the Affordable Care Act (ACA) have accelerated their filings to the U.S. Supreme Court and are submitting preliminary arguments ahead of formal deadlines, making it even more likely the justices will take up the case this term. Twenty-six states and the National Federation of Independent Business are among those who have filed lawsuits claiming the health care reform law is unconstitutional, chiefly because of the individual mandate to buy insurance.

With federal court decisions on the constitutionality of the law split, the Supreme Court is expected to decide the issue. It is possible, however, that the Supreme Court could "punt" or put off a decision for years if it determines that the Anti-Injunction Act, which says that Americans have to pay a tax before it can be challenged in court, applies to the health law.


The Court could decide in just a matter of weeks whether to add the case to the agenda for the current term, which ends in June 2012. In court papers filed last week, the administration is asking the Court to limit its review of the health care overhaul and not consider two of the issues raised by the states -- expansion of Medicaid and penalties for failing to offer adequate insurance. While the Justice Department wants the high court to uphold the constitutionality of the health care law, the states and NFIB want the court to strike down the entire law, not just the individual mandate.