At some point, the U.S. Supreme Court will likely be asked to make the definitive ruling on whether the Affordable Care Act — the health insurance reform package passed last year by Congress — is constitutional. Three federal courts have already ruled on the question with the scorecard right now standing 2-1 in favor of the reform law. But with more than 20 states already preparing cases to challenge the law — and Wisconsin likely to join them — it is a waste of time to have all of these suits go forward one-by-one in federal court.
The next step in these separate cases is the appeals court level, but none of the three suits argued so far has reached this level. It will take months and possibly years for these cases to go through the appeals courts before getting to the Supreme Court. Let's cut to the chase and send the case to the Supreme Court right now. Eric Holder, President Obama's attorney general, holds the key to this by agreeing with the request for an expedited appeal to the Supreme Court. The central point in the rulings so far has been the requirement that everyone must buy health insurance or pay a tax. Two courts have said this part of the law is constitutional, while the latest ruling in early December from a federal judge in Virginia said otherwise.
Congressional Republicans, who now have control of the House, are planning legislation to repeal the entire health insurance reform package, including the provisions that have already taken effect. But with Democrats still in control of the Senate, the repeal process is unlikely to happen for at least two years. The mandatory insurance purchase provision won't take effect for another three years, so theoretically there is time for the law to go through the judicial process in various federal courts and later courts of appeal.
But is it necessary for this process to take each painstakingly slow step before it ends up where everyone knows it will — the Supreme Court? Is it really necessary for two-dozen state attorneys general to spend millions of dollars preparing cases and arguing the same point? Would it really matter what a scorecard of individual appeals says when all of the state cases are adjudicated? An expedited appeal would bypass all of this and save time and money. Following the latest ruling, the one that went against the Obama administration, White House press secretary Robert Gibbs declared, "We're confident that it (Obamacare) is constitutional."
If this is the case, then the Obama administration should be willing to go immediately to the Supreme Court and get this issue settled sooner, rather than later.
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