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CCH® BENEFITS — 11/07/11

Supreme Court Will Look At Health Reform Cases On November 10

from Spencer’s Benefits Reports: During a private conference on November 10, the U.S. Supreme Court will consider five petitions related to the Patient Protection and Affordable Care Act (P.L. 111-148) and the Health Care and Education Reconciliation Act of 2010 (P.L. 111-152).

The petitions to be considered are these:

• Thomas More Law Center, Jann Demars; John Ceci; Steven Hyder; And Salina Hyder, v. Barack Hussein Obama, et al. (docket 11-117);
• National Federation of Independent Business, et al., v. Sebelius (docket 11-393);
• State of Florida v. Department of Health and Human Services (two petitions: docket 11-398 and docket 11-400); and
• Liberty University v. Timothy Geithner (docket 11-438).

According to the SCOTUSblog (http://www.scotusblog.com/2011/10/health-cases-set/), “It will be up to the Justices themselves to decide (a) which petitions, if not all of the five, should be reviewed, (b) which issues it is ready to decide, (c) how to line up the lawyers on each side of those issues, and (d) how much time to allow for oral argument. Because the five are now ready for the Court’s consideration, a grant of review soon would assure that they could be heard and decided during the current Term of the Court, which is expected to run until near the end of June. An oral argument in late March appears probable.”

A sixth petition not yet distributed to the Justices is Commonwealth of Virginia v. Kathleen Sebelius (docket 11-420). According to the SCOTUSblog, “The Court’s options on the Virginia petition are to grant it later and include it with the others for briefing and oral argument, deny review altogether, or hold it until it acts on the other petitions and then dispose of it in light of the decision.”

For more information, visit http://supremecourt.gov/docket/PPAACA.aspx.

For more information on this and related topics, consult the CCH Pension Plan Guide, CCH Employee Benefits Management, and Spencer's Benefits Reports.

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