HEALTH CARE

Administration Lets Case Go Forward Against Health Reform Law

By Meghan McCarthy

Updated: September 26, 2011 | 9:03 p.m.
September 26, 2011 | 6:46 p.m.

The Supreme Court is likely to have to decide if the 2010 health care law is constitutional

The Obama administration said Monday it will not seek an unusual review of one of several challenges to its signature health reform law, allowing the case to proceed natually, and likely to the Supreme Court.

A three-judge panel in the 11^th U.S. Circuit of Appeals in Atlanta ruled 2-1 in August against the law's requirement that people buy health insurance, saying it was unconstitutional. It was the first appellate court to find the insurance requirement violates the constitution, but at least three major suits against the health care law have been widely expected to go to the Supreme Court for a final decision.

The Department of Justice did not request an “en banc” review of the case, which would have required all of the judges on the 11^th Circuit to review the case. An en banc review could have delayed expected Supreme Court consideration of the case, but it was not clear that the 11^th Circuit would have granted the administration an en banc review in the first place.

The federal appeals bench in Atlanta also leans conservative, making it unlikely that an en banc review would have delivered a different result.

Conservative groups cheered the administration's decision to not ask for additional review.

"NFIB is excited that all indications point to the government going directly to the Supreme Court to hear our case and commends the Administration on their decision," said Karen Harned, executive director of the National Federation of Independent Businesses in a statement. NFIB was party to the Atlanta case.

The Atlanta case is of one three major suits againt the law. The 6th Circuit Court of Appeals in Ohio upheld the requirement in June. But last month, the 11th Circuit Court in Atlanta ruled in favor of 26 states that challenged the mandate as unconstitutional. Earlier this month, the 4th Circuit in Richmond ruled that the state of Virginia did not have standing to sue against the law.

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