Yesterday, the Department of Justice, who is defending the Affordable Care Act, decided against asking the for a full panel appeal from the Eleventh Circuit.
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9/27/2011
John Fisher
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Affordable Care Act Headed to the Supreme Court; Kingston, Medical Malpractice Lawyer Weighs in

Late this summer the Court of Appeals for the Eleventh Circuit's three-judge panel in Georgia struck down the Affordable Care Act's ("ACA") key provisions as unconstitutional. Yesterday, the Department of Justice, who is defending the Affordable Care Act, decided against asking the for a full panel appeal from the Eleventh Circuit. This should speed up consideration of the matter by the Supreme Court in the new term that actually begins next week. This could result in a decision at the end of June, when the presidential races will be in full swing.

Undoubtedly, the ACA was destined to be on the plate of the Supreme Court for final judgment. Early in the summer, the US Court of Appeals for the Sixth Circuit in Cincinnati ruled different then the Eleventh Circuit did at the end of the summer. The Sixth Circuit literally found the opposite from everything the Eleventh Circuit did.

This is an exciting predicament because there is finally an end in sight now that it is likely to be taken up on expedited review by the Supreme Court. Additionally, the whole political implications when the Supreme Court does render its decision will be momentous for the winning party. Particularly, it will be interesting to see how the nation will respond to health care in general and to implement the provisions of the ACA.

But what do you think? I'd love to hear what you think. I welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at jfisher@mmolaw.net. You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com.


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John H. Fisher
130 North Front Street
Kingston, New York 12402-3058
Phone: 518.265.9131
Fax: 845-331-2004
Toll Free: 866.889.6882

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