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Last November, the US Court of Appeals for the District of Columbia also upheld the individual mandate based on the Commerce Clause.
The Supreme Court chose to review the Florida case. It includes 25 other states as plaintiffs, as well as the National Federation of Independent Business.
In addition, 136 amicus briefs ("friends of the court") were filed for Court consideration. It's a third more than the previous record number.
Appellate lawyers specializing in preparing them say they cost from $25,000 - $50,000 each. During the Court's last term, justices cited only 8% of 628 NGO briefs filed. Of those, around half were written by prominent Washington-based attorneys specializing in Supreme Court cases.
Former Justice John Paul Stevens complained of amici fatigue. Justice Antonin Scalia said he lets law clerks read them. As a result, groups filing them face stiff headwinds.
The High Court could rule several ways, including:
- striking the entire law, including the individual mandate;
- upholding the entire law;
- striking the individual mandate alone; or
- delay ruling for now.
In the meantime, debate again takes center stage, at least for a few days before again erupting when the Court rules in June.
PPACA: A Boon to Industry Predators
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