Supreme Court won't jump into health care fray -- for now

HEALTH CARE

April 25, 2011|By Bill Mears, CNN Supreme Court Producer
The justices usually like to have these kinds of petitions fully analyzed and decided by lower courts before tackling them.

The U.S. Supreme Court has refused to jump into the controversial national debate over health care reform at this stage, rejecting a plea from Virginia for a judicial end-around -- an expedited review over whether the sweeping federal law is constitutional.

As expected, the justices without comment on Monday declined the state's "petition for certiorari before judgment."

Various state and private challenges to the Patient Protection and Affordable Care Act are now before federal appeals courts across the United States -- meaning it could take several months, at least, before they would go to the U.S. Supreme Court. Unusual requests such as Virginia's, to have its appeal move to the head of the line, rarely succeed since the justices traditionally like to have these kind of petitions fully analyzed and decided by lower courts before tackling them.

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Federal judges have split on whether a key provision -- the "individual mandate" requiring most Americans to purchase health insurance by 2014 or face financial penalties -- is constitutional.

The high court could be asked this fall to take formal jurisdiction of one or more health care appeals, and decide the matter perhaps by 2012, a presidential election year.

In the meantime, a federal appeals court in Richmond, Virginia, early next month will hear two separate challenges to the reform legislation, including Virginia's petition. And an appeals court in Atlanta in June will hear arguments in a lawsuit filed by Florida and 25 other states over the law.

One pressing issue is whether parts of the law already in effect can continue to be enforced. The parts of the health care reform law currently being administered include small business tax credits, federal grants and consumer protection measures. The federal government wants to know whether these provisions can continue while the issue is under appeal, particularly in the 26 states that filed suit.

Oklahoma and a range of private groups have also filed separate legal challenges that are concurrently working their way through federal courts around the country.

The Affordable Care Act has about 450 individual components, placing a number of new or revised regulations on states, private insurance companies, employers and individuals.

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