Supreme Court Will Hear Challenge to Health Reform Law

Jackson Walker
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Minutes after President Obama signed landmark Health Reform legislation on March 23, 2010, the first suit challenging the law was filed in U.S. district court in Florida. That case, after working its way through the district court and the United States Court of Appeals for the Eleventh Circuit, will now be heard by the U.S. Supreme Court, the Court announced today.

The Eleventh Circuit is the only circuit so far to invalidate the law. The Fourth Circuit dismissed two cases on procedural grounds, while the Sixth Circuit and the District of Columbia Circuit issued rulings upholding the constitutionality of the law under the Commerce Clause. Legal observers speculated that the Court would choose the Eleventh Circuit case, as it most squarely presents the issues of the constitutionality of the law under the Commerce Clause, the Necessary and Proper Clause, and the Taxing Power clause. The Court also agreed to hear the procedural issue of whether the Anti-Injunction Act prevents the federal court from having jurisdiction to hear the case.

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