by Mitch Kokai
Senior Political Analyst, John Locke Foundation
Last month, a three-judge panel of the 11th Circuit Court of Appeals struck down the requirement that individuals purchase health insurance. And moments ago, the Obama administration’s Department of Justice confirmed to the Examiner that it would not ask for the appeals court to hear the case en banc, or with all judges on the court present. Such a move was unlikely to change the ultimate outcome, but some speculated that the Obama administration may want to delay the case as long as possible so that it isn’t decided by the highest court during the 2012 election.
However, with two other courts siding with the administration, there is tremendous uncertainty over whether the mandate will be upheld, which is making it harder to implement other aspects of the law.
Now, the DOJ will appeal directly to the Supreme Court, and the court is virtually garunteed [sic] to take up the case. Most legal observers believe that the suit is likely to be decided by next June.