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Supreme Court asked to rule on health care law

WASHINGTON — The constitutional clash over President Barack Obama's national health care law moved closer to the U.S. Supreme Court Wednesday, when both the administration and Republican state attorneys separately asked the justices to hand down a verdict early next year.

Both sides in the legal battle cut short their time for filing their appeal petitions in the high court, and both said they are anxious for a final ruling.

Florida Attorney General Pam Bondi asked the Supreme Court to break the ongoing legal dispute over the federal health care law and decide if it is constitutional.

"We feel very confident that we will have a hearing in front of the United States Supreme Court and it will be this term," Bondi said.

She spoke for Republican officials in 26 states who sued in Florida to invalidate the Patient Protection and Affordable Care Act, and she asked the high court to strike down the entire measure, not just its mandate that all Americans have health insurance.

In August, the U.S. 11th Circuit Court of Appeals in Atlanta, ruling on the Florida lawsuit, struck down the mandate as unconstitutional, but upheld the rest of the law.

Shortly after Florida's announcement, U.S. Solicitor Gen. Donald Verrilli Jr. asked the high court to review the 11th Circuit decision and to uphold the law in full. He said the justices should defer to "the considered judgment of the elected branches of government on how to address a crisis in the national health care market."

Under the new law, all Americans with taxable income must have minimal health insurance by 2014 or pay a tax penalty that begins at $95. Verrilli explained this provision is needed to make sure that all who can afford it pay a share of the costs. Uninsured persons used $116 billion worth of health care services in 2008, he told the court, and these costs were paid by others with insurance or by taxpayers.

Now that both sides have asked the high court to decide the Florida lawsuit, the justices are almost certain to vote to hear the case early next year. When a federal law is struck down as unconstitutional in one region of the country, the justices almost always take up a case to issue a national ruling. The 11th Circuit oversees federal law in Florida, Georgia and Alabama.

Meanwhile, the U.S. 6th Circuit Court of Appeals, based in Ohio, earlier upheld the law and its mandate in a 2-1 decision.

Verrilli suggested the court should consider whether a ruling should be delayed until the first taxpayers pay a penalty in 2015.

Earlier this month, the U.S. 4th Circuit Court of Appeals in Virginia tossed out a lawsuit challenging the health care mandate and pointed to a federal tax law that forbids suits until a taxpayer has paid the penalty. By that logic, no one would be entitled to sue and no court — including the 11th Circuit — had authority to rule on the issue until 2015.

University protests birth control rule

President Barack Obama's health care overhaul should be changed so that religious schools such as the University of Notre Dame aren't required to go against their beliefs and provide birth control to students and employees, the school president, the Rev. John Jenkins, said in a letter Wednesday to Health and Human Services Secretary Kathleen Sebelius.

Associated Press

Supreme Court asked to rule on health care law 09/28/11 [Last modified: Wednesday, September 28, 2011 9:42pm]
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