This past week brought us the best night in baseball history. But if, like me, you’re a sucker for the latest developments in the constitutional challenge mounted against the federal health reform law, this past week brought plenty of excitement on that front, as well.
On Monday night, we learned that the federal government decided not to seek rehearing en banc of the U.S. Court of Appeals for the Eleventh Circuit’s opinion declaring the individual mandate unconstitutional. Many experts had assumed that the Department of Justice (DOJ) would seek to delay Supreme Court review for as long as possible by asking for review by the entire Eleventh Circuit panel. But in the end, that didn’t happen. Everyone has an opinion on how and why the administration made that decision. For what it’s worth, I tend to agree with Tom Goldstein that the institutional demand for certainty outweighed other considerations in the end. Practically speaking, the government and its agencies need to know as soon as possible whether the law will survive a constitutional challenge in order to begin the lengthy and burdensome process of implementing it. Continue reading “ObamaCare Opponents, Proponents Race to the Supreme Court”