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Hospital groups ask Supreme Court to review 11th Circuit ruling in ACA case

October 27, 2011

The AHA and five other national hospital associations today asked the U.S. Supreme Court to grant the government's request to review a lower court's decision on the constitutionality of the individual mandate in the Patient Protection and Affordable Care. In addition to meeting the criteria for review, the groups said in a friend-of-the-court brief, "prompt review is important for two additional reasons. First, uncertainty over the ACA's constitutionality impedes beneficial (and non-controversial) elements of the law and slows progress on labor-intensive initiatives like the development of state insurance exchanges. Second, it is crucial for the ACA's constitutionality to be reviewed - and reaffirmed. Only then can the crisis of uninsurance, with its rampant cost-shifting and potentially devastating effects on the uninsured, begin to be addressed." The lower court case was brought by Florida and 25 other states. The brief asks the Court "to deny the States' petition to the extent it seeks review of the ACA's Medicaid amendments. The Eleventh Circuit properly applied settled law in rejecting the States' challenge to those amendments. And unlike with the individual mandate, the constitutionality of the Medicaid amendments is not the subject of a circuit split; no federal court has struck them down."