Court unlikely to hear Obama healthcare law now

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U.S. President Barack Obama delivers remarks during the launch of ''Joining Forces'', a national initiative in support of service members and their families, in the East Room at the White House in Washington, April 12, 2011. REUTERS/Jim Young

U.S. President Barack Obama delivers remarks during the launch of ''Joining Forces'', a national initiative in support of service members and their families, in the East Room at the White House in Washington, April 12, 2011.

Credit: Reuters/Jim Young

WASHINGTON | Fri Apr 15, 2011 2:28pm EDT

WASHINGTON (Reuters) - The Supreme Court will likely reject a request to speed up a ruling on President Barack Obama's healthcare overhaul law, legal and financial analysts said.

The justices on Friday are scheduled to consider Virginia's request seeking to bypass the normal appeals process for a quicker ruling on the constitutionality of the law, which has been Obama's signature domestic accomplishment and has provoked a fierce political battle.

The analysts said such requests are rarely granted and the Supreme Court would likely allow the sweeping law to be considered first by the appeals court under the usual process.

They said that probably means any Supreme Court review of the law would be put off until its 2011-12 term that begins in October, depending on how fast the appeals courts rule.

The analysts said a high court decision then could come before the 2012 U.S. elections, in which the politically charged law could face renewed criticism from Republicans and could emerge as a major issue as Obama seeks re-election.

Kevin Russell, a Washington lawyer who argues before the Supreme Court, said it would be surprising if the justices granted Virginia's appeal seeking expedited review.

"The court has granted only a handful of such requests in the past and almost never over the objection of the federal government, which has opposed Virginia's request," he said.

Several federal trial judges around the nation have upheld the law but others declared it unconstitutional on the grounds Congress overstepped its authority in requiring that Americans start buying health insurance in 2014 or pay a penalty.

Those rulings have been appealed with arguments set in May before a U.S. appeals court based in Virginia, in early June before appeals courts in Cincinnati and Atlanta and in September in Washington, D.C.

Washington lawyer David Frederick, who also argues before the court, said he expected the request to be denied.

"The court rarely grants review before the court of appeals has decided a case because the justices benefit from the lower court's analysis and reasoning," he said.

Since the legal challenges were filed after Obama signed the healthcare act into law more than a year ago, most legal experts have expected that the Supreme Court will eventually decide the law's constitutionality.

Besides Virginia, the law also has been challenged by more than half of the states. The law, which aims to provide more than 30 million uninsured Americans with medical coverage, has wide ramifications for the health sector, affecting health insurers, drugmakers, device companies and hospitals.

Debate over the law dominated U.S. politics in 2009 and it galvanized Republicans who warned about its cost and said it was evidence of intrusive government power.

Rick Weissenstein, a healthcare analyst with MF Global's Washington Research Group, said in a research note last month that expediting the case was unlikely and predicted a Supreme Court decision then could come before the 2012 elections.

The justices could announce their decision on Virginia's request after their Friday private meeting or on Monday.

(Editing by Bill Trott)

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Comments (4)
USAPragmatist wrote:
See all you conspiracy righties, it is not ‘Obama’s fault’ that this case is not going to the Supreme Court this year. Although I would not be surprised if this Conservative activist court led by John Roberts breaks with their tradition and fast tracks it.

Part of me wants them to overrule the individual mandate, then we could get a law that would REALLY hurt the private health insurance pirates and eventually get rid of their predatory practices against sick people, like a single-payer or public option. All in the name of the all mighty dollar, let’s make as big a profit as we can by denying as much care as we can to sick people. Anyone who thinks a company should make a profit off rationing people’s healthcare is not a compassionate person, IMHO.

Apr 15, 2011 10:41am EDT  --  Report as abuse
BCCritic wrote:
USAPragmatist wrote: “See all you conspiracy righties, it is not ‘Obama’s fault’ that this case is not going to the Supreme Court this year.”

Actually it is his fault for pushing the unconstitutional crap to begin with. That said this is NOT a Democrat thing/issue/problem nor is it a Republican thing/issue/problem but a corruption in both parties problem where both parties have bowed to big money.

How can any judge that has not been paid off or black mailed see the requirement that citizens buy insurance or get fined as anything but unconstitutional and highly illegal?

The debate isn’t whether the medical industry (be it the insurance or the providers) is broken and in need of repair but that the solution offered up is nothing but another big government agency designed to take from the citizenry and give to whom the government designates; in other words take from us the tax payer and give to whatever insurance provider owns the current elected officials

Apr 15, 2011 11:09am EDT  --  Report as abuse
USAPragmatist wrote:
@BCCritic….Honestly, I do not like the individual mandate, but I do think it is constitutional. I admit there is a valid legal argument against it, but that is why we do have courts to decide this. You know what is constitutional, a public-option or single-payer.

“The debate isn’t whether the medical industry (be it the insurance or the providers) is broken and in need of repair but that the solution offered up is nothing but another big government agency designed to take from the citizenry and give to whom the government designates; in other words take from us the tax payer and give to whatever insurance provider owns the current elected officials”…This is EXACTLY why we need a Single payer or Public-option. The argument against a ‘big government’ agency being unable to do this more efficiently then private,for-profit companies is blatantly false. Administrative costs for Medicare/caid is MUCH less then the private industry….

http://www.cahi.org/cahi_contents/resources/pdf/CAHIMedicareTechnicalPaper.pdf

Apr 15, 2011 12:47pm EDT  --  Report as abuse
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