Health Care Reform: Constitutional or Not?

There now appears to be some real conflict over the constitutionality of health care reform. On Friday, the 11th U.S. Circuit Court of Appeals found that the part of the law that requires individuals to obtain health insurance was unconstitutional. But the rest of the statute was upheld. This ruling seems to directly conflict with a ruling from the Sixth Circuit (the only other circuit to have ruled on the law to date) which found the individual mandate constitutional. These decisions presumably create a sufficient conflict between the circuits to get the law before the United States Supreme Court for review. When and how that might happen is subject to debate as there may be other procedural hurdles that have to be crossed before its gets to the high court. But the fact that two circuits have ruled, and ruled before the end of the first year of implementation, has some pundits suggesting a final decision could some in 2012. Stay tuned!

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