Shapiro explains that “this will get to the Court this term, with argument in the spring and a decision the last week of June.
What about the Obamacare litigation?
by Jennifer Rubin
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A couple of weeks ago the 11th Circuit Court of Appeals struck down the individual mandate in Obamacare. Since then we haven’t heard much about the case. I went to the Cato Institute’s Ilya Shapiro, who has been front and center in the litigation, to get an update on where things stand.
The administration could seek en banc review at the 11th Circuit. Shapiro, however, says this would be essentially a stalling technique, explaining that “there’s no chance it’ll be granted because the panel [that heard the case] is already 2-1 against” and four of the seven remaining judges on the 11th Circuit are appointed by Republicans and considered to be conservative. Moreover, since six members are needed to get en banc review (the dissenter from the panel, the three Democratic-appointed judges and two more), he contends, “it’s not gonna happen.” He therefore concludes, “Any request for en banc review, “will be purely a political move to play for time and push the Supreme Court decision past the election — no legal reason to do it — and the court would probably deny it quickly. The release of a decision not to grant en banc review (which doesn’t require a written opinion) could be delayed, however, by the writing of a dissent from that denial.”
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