Supreme Court Asked to Review Mandate, 8th Circuit to Hear Missouri Lawsuit - October 25, 2011

Last week the U.S. Department of Justice (DOJ) replied to two of the pending Affordable Care Act (ACA) related petitions that are in front of the U.S. Supreme Court. The DOJ is asking the Supreme Court to examine whether or not the individual mandate is constitutional and which pieces of the ACA should be struck if the mandate is found unconstitutional. The DOJ has also asked the Court not to take up related questions about the ACA’s Medicaid expansion and employer requirements. The ACA-related petitions before the Court – from the DOJ, National Federation of Independent Business and the combined 26 states – could be reviewed as early as next week, which may put them under consideration at the justices Nov. 10 conference, during which they decide which cases to review. There is expectation that the Court will decide on how to proceed with the various ACA cases, and whether it will accept all or any of the cases, by late November.

Last week, Missouri’s Lt. Gov. Peter Kinder asked the 8th Circuit Court of Appeals to overturn a lower court’s ruling that he and citizens of Missouri could not challenge the ACA’s individual mandate. The attorneys for the government in this case have argued that the plaintiffs have yet to show that the ACA has caused them significant harm. The 8th Circuit is expected to rule on whether or not the plaintiffs can bring the lawsuit – although they may choose to comment on the constitutionality of the ACA’s individual mandate provision. Kinder is hopeful that the 8th Circuit will rule in his favor, which would enable Missouri to join the 26 states’ petition to the U.S. Supreme Court.