Plaintiffs in Florida HCR Challenge Request Supreme Court Review

September 28, 2011 ( - Florida and 25 other states challenging the Patient Protection and Affordable Care Act have filed a Petition for Writ of Certiorari asking the U.S. Supreme Court to review the decision of the 11th U.S. Circuit Court of Appeals.

A message from the office of Florida Attorney General Pam Bondi explained that although the 11th Circuit agreed with the States that the Act’s individual mandate requirement violates the Constitution (see 11th Circuit Finds Health Care Mandate Unconstitutional), the States have asked the Supreme Court to review three other aspects of the opinion: (1) whether the entire Act must fail because its centerpiece – the mandate that every person purchase insurance – is unconstitutional; (2) whether the federal government can force the states to administer and fund a substantial expansion of Medicaid or risk all of their Medicaid funding; and (3) whether the federal government can require States to give state employees a federally mandated level of health insurance coverage. 

In July, the Thomas More Law Center filed a petition in the U. S. Supreme Court asking it to review the 6th U.S. Circuit Court of Appeals decision that the individual coverage mandate in the health care reform bill is constitutional (see Law Center Takes Health Care Challenge to Supreme Court).