If you are a regular follower of our blog, you know that we have been closely tracking the case making its way through the Sixth Circuit involving a constitutional challenge to the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148. See Thomas More Law Center, et al. v. Obama, et al. (Sixth Circuit, Case No. 10-2388). A total of thirteen amicus briefs have been filed in this case, which is attracting significant national interest.
In February, the Sixth Circuit agreed to expedite oral argument in this case given the national importance of the questions presented. Yesterday, the Sixth Circuit finally scheduled oral argument for Wednesday, June 1, 2011 at 1:30 p.m. See Notice of Oral Argument (PDF). The names of the three judges sitting on the panel hearing the case will be released two weeks before oral argument, and we will report their names at that time.
Meanwhile, in another challenge to the health care statute pending in the Fourth Circuit, the State of Virginia continues its effort to bypass the Fourth Circuit altogether by asking the U.S. Supreme Court to hear its appeal before the Fourth Circuit rules. See Petition for a Writ of Certiorari Before Judgment in Commonwealth of Virginia v. Sebelius, No. 10-1014 (U.S. Sup. Ct.)). The Supreme Court has yet to rule on the State of Virginia’s request. The case has been distributed for conference of April 15, 2011.
We’ll continue to stay on top of all the developments in the Circuit Courts (and the Supreme Court) involving challenges to the health care statute.