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Finally, we will get clarity. The Court announced today, Nov. 14, that it will address the health care law. Oral argument will likely occur next spring with a decision handed down by the end of June.
Want to read the brief that got the case heard? Here it is.
In its petition, the Justice Department aggressively urged the Court to decide the case on the individual mandate's constitutional merits so as to resolve the 11th Circuit's split with the 6th Circuit. In an apparent appeal to the five conservative justices, the department repeatedly invoked Judge Sutton's opinion upholding the mandate as squarely within Congress' commerce clause powers. In contrast, the government pushed away the possibility of a technical victory, telling the Court in the petition's final pages that the Anti-Injunction Act "does not bar these challenges."
We'll see in June. In the meantime, we are advising our clients to proceed with business as usual on health insurance - with a focus on wellness and measurable behavior change.