In its upcoming term, the Supreme Court may formally address a multi-State challenge to the Democrat-backed Patient Protection and Affordable Care Act.
Two Federal courts of appeals have ruled on the Constitutionality of the mandate that requires all individuals to purchase health insurance; one has upheld the mandate, and another has struck it down. Lower courts are also divided on the question of whether the rest of the bill can survive if the mandate is unConstitutional.
The National Federation of Independent Businesses (NFIB) headed up an effort to file a petition for a writ of certiorari to the court on Wednesday and issued a statement on its website.
“The 11th Circuit ruling confirmed NFIB’s view that the individual mandate in the health-care law is unconstitutional. It is now imperative that the Supreme Court rule on whether the entire law can stand without the mandate,” said Karen Harned, executive director of NFIB’s Small Business Legal Center in the release. “The sooner the Court takes up this case, the sooner small businesses and individuals will know whether they will have to bear the full weight, financially and economically, of this bad law.”
The court’s consideration of the case will likely take place during the height of the 2012 election season.