he Supreme Court could decide to review the constitutionality of the individual mandate as soon as November 10, 2011. On that date, in a private conference, the justices will determine which cases the Court will accept for its upcoming session. The Court will then likely announce on November 14 whether it will review health care reform.
This decision comes after a split between several U.S. Courts of Appeal regarding the constitutionality of the individual mandate.
The U.S. Court of Appeals for the Sixth Circuit held, in Thomas More Law Center v. Obama, No. 10-2388, 2011 WL 2556039 (June 29, 2011), discussed in an earlier post, that the individual mandate was constitutional. On July 28, 2011, the Thomas More Law Center filed a petition requesting Supreme Court review.
In Commonwealth of Virginia ex. rel. Kenneth T. Cuccinelli, II v. Sebelius, No. 11-1057, 2011 WL 3925617 (4th Cir. Sep. 8, 2011), the Fourth Circuit held that the state of Virginia lacked standing to challenge the minimum coverage provisions of the PPACA. Virginia, on September 30, filed a petition for Supreme Court review of that decision.
The Obama administration filed a petition requesting the Supreme Court review Florida ex rel. Bondi et al. v. HHS, Case Nos. 11-11021, 11-11067, 2011 WL 3519178 (11th Cir. Aug. 12, 2011). Similarly, 26 states filed a separate petition also requesting review of that case, which held that the PPACA’s individual mandate is unconstitutional.