Obama administration asks Supreme Court to consider health care reform law

The Obama administration has launched its legal counteroffensive against an Atlanta federal appeals court decision that struck down the individual mandate portion of the bill as unconstitutional. 

WASHINGTON D.C. (Catholic Online) - The Obama administration has claimed that the Atlanta ruling is "fundamentally flawed" and has asked the Supreme Court to take up the case. 

At the same time the Obama administration is asking the case be reviewed, so are the winners of the Atlanta case. The 26 states and the National Federation of Independent Business want the high court to strike down not only the individual mandate portion, but the entire law. They are saying the law, even without the mandate, raises costs for employers. 

The Obama administration argues that the law would actually lower costs. The logic is that by making everybody, including healthy Americans, purchase insurance it puts more money into the system and lowers costs for all. 

The timing of the administration's request for review of the law means it will be decided before the 2012 election, which is something that both sides can agree on. Many business owners are citing uncertainty as one of the significant problems facing their business and the largest uncertainty they often cite is the new health care law. 

The timing of the petition ensures the case will be heard during the current session of the U.S. Supreme Court, which is due to start next week. 

The court has a lot to consider. While the law suffered a setback in an Atlanta court, it was upheld in Cincinnati. The split suggests that the final decision regarding the law is far from clear. The Justices have the option of simply upholding the Atlanta ruling, overturning the ruling and upholding the law, or they may discard parts of the law, or the entire law, as they decide. 

Retired Justice John Paul Stevens spoke to reporters on the matter and said that previous precedent would suggest that the Obama administration's chances are good. In an interview, he cited several previous cases that appear to support the administration's arguments in defense of the bill. 

While the court is expected to take up the case promptly and to hear arguments soon, there is no hint as to when they may announce a decision. The court is not required to rule within any particular timeframe. 

Multiple states are participating in the case. They include: Alabama, Alaska, Arizona, Colorado, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Maine, Michigan, Mississippi, Nebraska, Nevada, North Dakota, Ohio, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Washington, Wisconsin and Wyoming.

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