The Department of Justice today filed a petition asking the Supreme Court to review an appellate court’s ruling that struck down the Affordable Care Act. From the Justice Department blog:
The Department of Justice filed a cert petition today asking the Supreme Court to review the 2-1 decision of the Court of Appeals for the 11th Circuit striking down the Affordable Care Act. The following statement was released today regarding this action.
“The Department has consistently and successfully defended this law in several court of appeals, and only the 11th Circuit Court of Appeals has ruled it unconstitutional. We believe the question is appropriate for review by the Supreme Court.
“Throughout history, there have been similar challenges to other landmark legislation such as the Social Security Act, the Civil Rights Act, and the Voting Rights Act, and all of those challenges failed. We believe the challenges to Affordable Care Act — like the one in the 11th Circuit — will also ultimately fail and that the Supreme Court will uphold the law.”
This move had been expected given that Monday evening the Justice Department decided not to ask the full 11th Circuit Court to re-hear the case.
With the Justice Department requesting the Supreme Court to review the case, it is likely that the Supreme Court will take up the case soon and offer its ruling in June of 2012. The fate of the individual mandate and “Obamacare” will now rest in the hands of the nine Supreme Court Justices.
David Dayen has more reactions here.