Supreme Court to Hear Appeal on Constitutionality of Health Reform Law

On Monday, November 14, the U.S. Supreme Court granted certiorari to hear an appeal from a decision by the U.S. Court of Appeals for the Eleventh Circuit that the individual mandate in the Patient Protection and Affordable Care Act (PPACA) is unconstitutional. More than 20 cases have been filed alleging that the individual mandate to purchase health insurance in an exchange or other aspects of PPACA are unconstitutional. The courts of appeals have issued decisions in five of the cases, and petitions for certiorari have been filed in four of them. In these cases:

-- The Eleventh Circuit held that the individual mandate was unconstitutional, but that it could be severed from the remainder of PPACA, so that the rest of the law could be implemented. Florida, Et Al. v. Dept of HHS, Et Al., 2011 WL 3519178 (11th Cir. Aug. 12, 2011).....